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2012 DIGILAW 1484 (RAJ)

Shriram General Insurance Co. Ltd. v. Mulki Devi

2012-07-04

GOPAL KRISHNA VYAS

body2012
JUDGMENT 1. - Instant appeal has been filed by appellant Shriram General Insurance Company Ltd., Jaipur under Section 173, Motor Vehicles Act, 1988, in which, the appellant company has challenged the judgment and award dated 6.3.2012 passed by the Motor Accident Claim Tribunal, Parbatsar in MAC Case No. 47/2010, by which the Claim Tribunal awarded Rs. 28,44,224/- as compensation in favour of the claimants alongwith 9% interest per annum from the date of filing the claim petition. 2. As per facts of the case, deceased Nanda Ram who was 37 years of age was working in the Indian Army as Hawaldar and posted in 3 Raj Battalion, N.C.C., Sikar. His monthly salary was Rs. 21,369/-. Deceased Nanda Ram died due to an accident occurred on 11.2.2010 when he was going on his bicycle towards Piparli Road, Sikar; at that time, Pick-up Van No. RJ-23/GA/1284, being driven rashly and negligently by its driver, hit the deceased. In the said accident, deceased Nanda Ram sustained serious injuries and he was taken to hospital. However, Nanda Ram died on the same day due to the injuries sustained by him in the accident. Learned Claim Tribunal after taking into consideration entire facts of the case and evidence on record held that claimants are entitled for compensation of Rs. 28,44,224/- alongwith interest at the rate of 9% from the date filing the claim petitioner. 3. Learned counsel for the appellant insurance company vehemently argued that the Claim Tribunal has committed grave error in assessing the dependency of the claimants as Rs. 14,647/- per month on the basis of the income certificate of the deceased. The above assessment of dependency has been made without taking into consideration the retiral benefits which would be payable to the family of the deceased, therefore, the award impugned deserves to be quashed. It is also submitted that the Claim Tribunal committed a grave error in not taking into consideration the amount of income tax payable by the deceased, therefore, there is complete error in assessing the income of the deceased for the purpose of granting compensation. It is also submitted that the Claim Tribunal committed a grave error in not taking into consideration the amount of income tax payable by the deceased, therefore, there is complete error in assessing the income of the deceased for the purpose of granting compensation. It is further submitted by learned counsel for the appellant that deduction of one-fourth amount from the assessed income of the deceased towards his personal expenses is absolutely unjustified inasmuch as the parents of the deceased could not be held to be dependents deceased since the deceased is survived by his elder brother Ghasi Ram. 4. After hearing learned counsel or the appellant, I have perused the award impugned.In para 6 of the award following assessment has been made by the Claim Tribunal: " 6& izkFkhZx.k us viuh izfrdj ;kfpdk ds leFkZuk esa ,0MCY;w0 1 dey dqekj] ,0MCY;w0 2 ewydhnsoh dks ekSf[kd lk{; esa izjhf{kr djok;k vkSj izys[kh; lk{; esa izn'kZ 1 ls izn'kZ 20 dj iznf'kZr djok;kA vizkFkhZx.k dh vksj ls dksbZ lk{; izLrqr ugha dh xbZA " 5. Upon perusal of the above para, it is abundantly clear that all documents were produced by the claimants to prove the income of the deceased whereas no document was produced by the appellant insurance company to refute the said documents. It is not disputed that the offending vehicle was insured with the appellant insurance company. The Claim Tribunal assessed the compensation on the basis of the salary of late Nanda Ram who was working as Hawaldar in the Indian Army at the time of his death. In this view of the matter, I see no reason to interfere in the award impugned.Hence, this miscellaneous appeal is hereby dismissed.Appeal dismissed. *******