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B. P. ROUTRAY
Shriram General Insurance Company Ltd. , Represented Through Its Authorized Signatory, Sitapur, Jaipur, Rajasthan – Appellant
Versus
Maliani Bagh – Respondent
JUDGMENT
B. P. Routray, J. - The matter is taken up through hybrid mode.
2. Heard Mr. J.R. Deo, learned counsel for the insurer -Appellant and Mr. S.K. Das, learned counsel for claimant - Respondent No.1.
3. Present appeal by the insurer is against the impugned judgment dated 20th December, 2016 of the learned District Judge-cum-MACT, Rayagada passed in MAC No.10 of 2016, wherein compensation to the tune of Rs.9,00,000/- along with interest @ 9% per annum from the date of filing of the claim application has been granted on account of death of deceased Subendhu Bagh in the motor vehicular accident dated 10th May, 2015.
4. Mr. Deo, learned counsel submits on behalf of the insurer - Appellant that the tribunal has committed illegality by taking the income of the deceased at Rs.300/- per day against the prevalent minimum wage rate. He thus disputes the quantum of compensation and according to him, the same needs to be reduced.
5. Upon hearing Mr. Das, learned counsel for the claimant Respondent No.1 and perusal of the impugned judgment reveals that, the case of the claimant is that the deceased was working as a mason and on the date of accident he was a bachelor aged about 25 years. Though
Correct assessment of the deceased's income and application of the appropriate multiplier are crucial in determining the quantum of compensation in motor vehicular accident cases.
Minimum wage guidelines must inform compensation calculation for unskilled laborers, as formal income documentation is often unavailable.
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