National Insurance Company Limited Pudukottai v. Shaik Anwar Basha
2012-09-04
ARUNA JAGADEESAN
body2012
DigiLaw.ai
Judgment :- 1. This Civil Miscellaneous Appeal is filed by the National Insurance Company Limited against the Judgement and Decree dated 28.9.2005 made in MCOP.No.1029/2002 by the learned Additional District Judge (FTC-V) (MACT) Coimbatore, whereby the Tribunal awarded a sum of Rs.7,73,000/-as total compensation with interest at 9 per cent p.a. to the claimants/the Respondents 1 and 2 herein, who lost their unmarried daughter in the motor accident that had occurred on 25.8.2001. 2. The accident dated 25.8.2001 resulted in the death of the deceased S.Ashraaf Sultana, who was aged about 21 years at the time of the accident. The deceased was working as a Fashion Designer in M/s.Arora Group of Companies and was earning Rs.5500/- p.m. The Tribunal, after holding that the accident had occurred only due to the rash and negligent driving of the lorry driver, determined the monthly income of the deceased at Rs.5500/- and after deducting 1/3rd towards her personal expenses and applying the multiplier of 17, taking into account the age of the deceased, arrived at the loss of dependency at Rs.7,48,000/-. To this, the Tribunal has added Rs.10,000/-each to the claimants for loss of love and affection and Rs.5000/-for funeral expenses and in all, a sum of Rs.7,73,000/- was awarded as total compensation to the claimants with interest at 9 per cent p.a. 3. Mr.N.Vijayaraghavan, the learned counsel for the Appellant contended that the age of the parents at the time of the accident was admittedly 53 years and 45 years respectively and the appropriate multiplier, according to the age of the mother, is 14 and the Tribunal erred in applying the multiplier of 17 taking into account the age of the deceased. The learned counsel also submitted that the award of compensation is on the higher side. 4. On the other hand, Mr.MA.P.Thangavel, the learned counsel for the Respondents 1 and 2 contended that the Tribunal has not taken future prospects of the deceased into consideration. Admittedly, the deceased was having a stable service and was earning Rs.5500/- p.m. as a Fashion Designer and there was much scope for hike in salary and that was not taken into consideration by the Tribunal. 5. This court heard the submissions of the learned counsel on either side and also perused the materials placed on record. 6.
Admittedly, the deceased was having a stable service and was earning Rs.5500/- p.m. as a Fashion Designer and there was much scope for hike in salary and that was not taken into consideration by the Tribunal. 5. This court heard the submissions of the learned counsel on either side and also perused the materials placed on record. 6. With respect to the age of the parents of the deceased, there is no dispute that the mother of the deceased was 45 years old at the time of the accident. The deceased was working as a Fashion Designer in M/s.Arora Group of Companies and her salary certificate is marked as Ex.P11 and she has joined the service as Fashion Designer from June 2001 onwards and she died in the accident within three months of her joining service. As per the decision of the Honourable Supreme Court rendered in Sarla Verma Vs. DTC (2009-ACJ-1298-SC) , in case of the bachelor, 50 per cent has to be added for future prospects. Since the deceased admittedly was in stable service and was earning Rs.5500/- as monthly income, having regard to her age of 21 years old at the time of the accident, 50 per cent has to be added to the actual income received by her for future prospects. If so added, the monthly income of the deceased would come to Rs.8250/-. As per Ex.A8, it is seen that apart from the deceased, the claimants have two other sons and two daughters. The father of the deceased is working as a Senior Supervisor in a private company. Therefore, taking the same into consideration, 50 per cent of her salary towards her personal expenses can be deducted. After such deduction, the monthly contribution to the family would come to Rs.4125/-. Thus, applying the multiplier of 14, the total loss of dependency is arrived at Rs.6,93,000/-. To this, a sum of Rs.20,000/- for the loss of love and affection, Rs.5000/-for funeral expenses and Rs.5000/- for transportation expenses are awarded. In all, a sum of Rs.7,23,000/-is awarded as total compensation to the claimants with interest at 9 per cent p.a. from the date of the claim petition till the date of realization. 7. In the result, this Civil Miscellaneous . and the impugned award is reduced to the extent mentioned above.
In all, a sum of Rs.7,23,000/-is awarded as total compensation to the claimants with interest at 9 per cent p.a. from the date of the claim petition till the date of realization. 7. In the result, this Civil Miscellaneous . and the impugned award is reduced to the extent mentioned above. In all, the claimants are entitled to a total compensation of Rs.7,23,000/-(Rupees seven lakhs twenty three thousand only) with interest 9 per cent p.a. from the date of the claim petition till the date of realization. The Appellant is directed to deposit the entire award amount with interest at 9 per cent p.a. from the date of the claim petition till the date of deposit, after giving credit to the amount already deposited by them, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimants are entitled to withdraw equal amounts with proportionate interest. No costs.