Mumbai: The Bombay High Court has termed the compensation given to an ex-army officer by the Motor Accident Claim Tribunal (MACT) as ‘shockingly inadequate’ and increased the amount over five times.
After serving the Indian Army for two decades, Kailashchandra Kaushal took a loan and bought a tempo for the business of transporting vegetables from Indore to Mumbai. On May 2, 1990, Mr. Kausal was driving the tempo on Bombay-Agra Road when it dashed against a milk tanker. The impact resulted in his instant death.
On August 5, 1995, MACT, Nashik, directed the authorities to pay ₹1,65,000 to Mr. Kausal’s wife, mother, and his two children. The dairy manager, government milk scheme, and the assistant director of insurance, Maharashtra, were also asked to pay interest at the rate of 12% per annum from the date of the claim petition until the amount is deposited in the tribunal. The authorities moved the HC against the judgement in May 1996.
Loss of love
Recently, a single Bench of Justice M.S. Sonak said, “In this case, ₹1 lakh each is required to be awarded to the wife and the two minor children towards loss of consortium and loss of love and affection. An amount of ₹50,000 is due to be awarded to the mother of the deceased towards loss of love and affection. This takes the compensation to ₹9,50,000. Further, towards funeral expenses, ₹25,000 is due. In all, the claimants were entitled to a compensation of ₹9,75,000 as against the awarded amount of ₹1,65,000.” The Bench went on to say, “The MACT has clearly erred in awarding the compensation. Besides, no award has been made towards loss of love and affection, so far as the children and the aged mother is concerned. No award has also been made towards funeral expenses. The MACT, has thus, failed to determine and award compensation.”
With interest
The court ordered the authorities to pay ₹9,75,000 with interest at the rate of 8% per annum from the date of the petition till the date of deposit before the MACT. Of the compensation, ₹1 lakh should be given to Mr. Kaushal’s mother; 50% of the balance amount shall have to be paid to the widow, and the balance shall be paid equally to both his children.
