Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 2380 (RAJ)

National Insurance Co. Ltd. v. Nathu Lal

2011-11-08

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been preferred by the appellant-National Insurance Co.Ltd. aggrieved by the award dated 2.4.2003 passed by the Motor Accident claims Tribunal, Dausa whereby, a sum of Rs.15,05,460/- has been awarded as compensation in favour of claimant-respondents No.1 to 5. 2. Shri Vizzy Agarwal, learned counsel for the appellant-Insurance Company has argued that though the learned Tribunal rightly accepted the age of the deceased to be 41 years and on that basis, multiplier of 15 has also been correctly applied but the learned Tribunal has erred in law in assessing the income of deceased-Prahalad double towards "future prospects" i.e. from Rs.6,254/- to Rs.12,508/- per month whereas, as per the judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & Another : (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), at the age of 41 years, only 30% should have been added under the head of 'future prospects'. 3. Shri J.P. Gupta, learned counsel appearing for claimant-respondents No.1 to 5 submitted that judgment of Sarla Verma supra is fully applied to the present case because in the event of number of dependents being four to six, only 1/4th amount should be deducted towards self expenses of the deceased whereas, in the present case, 1/3rd amount has been wrongly deducted. Besides that, learned Tribunal has awarded a sum of Rs.2,000/- under the head of 'funeral expenses' and a sum of Rs.2,500/- under the head of 'loss of estate' but nothing has been awarded under the heads of 'love & affection' & 'loss of consortium'. 4. Upon hearing learned counsel for the parties and perusing the award, I find that the learned Tribunal erred in law in assessing the income of the deceased double taking under the head of 'future prospect' whereas, at the age of 41 years, only 30% should have been added, as per the ratio of the judgment of Sarla Verma supra. 5. The award of the Tribunal dated 2.4.2003 is modified thus:- (i) After computation of 30% of Rs.6254/-, the amount comes to Rs.1876/- and after adding the said amount in Rs.6254/-, the amount comes to Rs.8130/- (6254 + 1876(30%) = 8130). (ii) If the amount of Rs.8130/- is multiplied by 12 months and further by the multiplier of 15, the amount comes to Rs.14,63,400/-. (8130x12x15= 1463400). (ii) If the amount of Rs.8130/- is multiplied by 12 months and further by the multiplier of 15, the amount comes to Rs.14,63,400/-. (8130x12x15= 1463400). (iii) As per deduction of 1/4th (Rs.3,65,850/-), the amount comes to Rs.10,97,550/- (14,63,400-3,65,850=10,97,550) per month towards the 'self expenses by the deceased'. (iv) Rs.25,000/- is awarded under the head of 'love & affection' & 'loss of consortium', cumulatively to all the claimants including wife. (v) However, award on all other non-pecuniary heads i.e. Rs.2,000/- towards 'funeral expenses' & Rs.2,500/- towards 'loss of estate', is maintained. (vi) After computation of amount, as per above, the total amount of compensation comes to Rs.11,27,050/- (10,97,550 + 25,000 + 2,000 + 2,500 = 11,27,050). (vii) Thus, the award amount of Rs.15,05,460/- is reduced to Rs.11,27,050/-, which claimant-respondents No.1 to 5 are entitled to receive together with interest as directed by the Tribunal. 6. The appeal is disposed of accordingly. The record be remitted back to the Tribunal forthwith.