Tara Devi v. Vinod Kumar Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.854 of 2011 =========================================================== Tara Devi, Wife of Aseswar Pandit, resident of Village-Dumara, P.S., District-East Champaran.
.............Applicant/Appellant
Versus
1. Vinod Kumar Singh, Son of Bharat Bhushan Singh, resident of Village-Jhakhra, P.S.-Piprakothi, District-East Champaran.
2. The Oriental Insurance Company Limited through its Branch Manager, Balua Tal, Motihari.
3. Dhramdeo Narain Thakur, Son of Deep Narain Thakur, resident of VillageBhawanipur, P.S.-Sangrampur, District-East Champaran. ..............Opposite Parties/Respondents =========================================================== Appearance :
For the Appellant : Mr. Pramod Kumar Pandey, Advocate For the Respondent No. 2 : Mr. Bimlesh Kumar Jha, Advocate Mr. Sanjay Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 30-01-2015 This file is brought under the heading "For Hearing Under Order XLI Rule 11 CPC".
2. Heard the parties.
3. This is an appeal preferred against the order dated 30th June, 2011 and award dated 25th July, 2011 passed in Claim Case No. 34 of 2008 by Sri Nand Kumar Srivastava, learned 8th Additional District Judge-Cum-Claim Tribunal,
Patna High Court MA No.854 of 2011 dt.30-01-2015 2/3 Motihari.
4. Since the appeal is on very limited questions and the liability has already been accepted by the insurerrespondent no. 2, there is no need to go into further details except as is evident from paragraph no. 12 of the order that the Claim Tribunal Below while fixing the notional income of unmarried deceased, who was aged about 21 years and the son of the claimant-appellant, calculated a sum of Rs. 15,000/- per annum, whereas, in view of the decision of Hon'ble Apex Court rendered in a case of "Laxmi Devi & Ors. v. Mohammad Tabbar & Anr." reported in AIR 2008 Supreme Court 1858, it should have been 30,000/- per annum and if it is multiplied by 16, it comes to the tune of Rs. 4,80,000/- (30,000 x 16) and since the deceased was unmarried and the claimant-appellant is the mother, deduction required is 50% towards personal expenditure, the amount comes to the tune of Rs. 2,40,000/- (4,80,000 - 2,40,000), wherein, Rs. 20,000/- is to be added towards funeral and other expenses making the same to the tune of Rs. 2,60,000/- (2,40,000 + 20,000).
5. In view of the above, the award dated 25th July, 2011, as awarded by the Claim Tribunal Below, is modified
Patna High Court MA No.854 of 2011 dt.30-01-2015 3/3 to the extent aforementioned. The insurer-respondent no. 2 is directed to pay the said amount with interest @ 6% per annum, as awarded by the Claim Tribunal Below, deducting the amount as already paid within a period of 1 (one) month from today.
6. Accordingly, the appeal stands disposed of. (Akhilesh Chandra, J) Praveen-II/- U