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2011 DIGILAW 2497 (RAJ)

National Insurance Co. Ltd. v. Shashi Kant Maheshwari

2011-11-17

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Appellant-insurance company is assailing the award of the Motor Accident Claims Tribunal, Jaipur dated 25.3.2004 on two grounds. His first contention is that deceased was un-married boy and therefore in that case, multiplier of 17 ought not to have been applied keeping in view his young age rather, over age of the parents should have been taken. Age of the father in the claim petition has been mentioned as 48 years and age of the mother has been mentioned as 45 years and therefore they would both fell within the age group of 45-50 years and therefore 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), instead of multiplier of 17, 13 should have been applied. His second contention is that 50% should have been deducted as per the aforesaid judgment and also recent judgment of Supreme Court in National Insurance Co.Ltd. vs. Shyam Singh & Others : 2011 (3) T.A.C. 625 (S.C.). 2. Learned counsel for the respondents has opposed the appeal and argued that the judgment of Supreme Court in Shyam Singh supra is contrary to the Second schedule of the Motor Vehicles Act, 1988. 3. Upon hearing learned counsel for the parties and perusing the award, I find that the Supreme Court in the recently delivered judgment in Shyam Singh supra had occasioned to deal with this issue in which case also these two contentions were raised, considered and decided. Supreme Court following its earlier judgment in Oriental Insurance Co.Ltd. vs. Syed Ibrahim and Ors. : AIR 2008 SC 103 held that age of the parents is to be relevant factor in the case of a un-married/ bachelor's death and 50% should be taken towards the personal expenses for a bachelor. Same view was taken by the Supreme Court in Sarla Verma supra, wherein it was held that if the deceased was un-married, ½ (50%) of the income should be deducted towards his own expenses. 4. In view of above, appeal deserves to be partly allowed and it is accordingly allowed in part. The award of the Motor Accident Claims Tribunal, Jaipur dated 25.3.2004 is modified directing that deduction out of the income of deceased should be made by half (½ : 50%). 4. In view of above, appeal deserves to be partly allowed and it is accordingly allowed in part. The award of the Motor Accident Claims Tribunal, Jaipur dated 25.3.2004 is modified directing that deduction out of the income of deceased should be made by half (½ : 50%). Factor of dependency, which has been considered by the Tribunal at Rs.5,000/- per month, must be held to be Rs.2,500/- per month to be contributed by him to his family and multiplier of 13 instead of 17 is applied on the overage of the parents and thus quantum of compensation comes to 2500x12x13= 3,90,000/-. Award on all other non-pecuniary head i.e. Rs.2500/- for funeral expenses and Rs.17,160/- for pain and suffering is maintained. Thus : 3,90,000 + 2,500 + 17,160 = Rs.4,09,660/-. The award amount of Rs.7,00,000/- is reduced to Rs.4,09,660/-. It is informed that 50% amount has been stayed by order of this Court dated 28.5.2004. The insurance company shall now to accordingly compute the compensation and deposit the same with the Tribunal, which the learned Tribunal shall disburse to claimant-respondents No.1 & 2 together with interest as directed by the Tribunal within a period of eight weeks from the date of production of certified copy of this order to the Tribunal.