National Insurance Co. Ltd. v. Kandregula Venkata Ramanamma
2012-06-29
R.KANTHA RAO
body2012
DigiLaw.ai
JUDGMENT This Appeal under Section 173 of the Motor Vehicles Act 1988, is directed against the Judgment and Decree dated 13.12.2002 passed by the Motor Accident Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam (for short ‘the Tribunal’) in OP No. 948 of 2001 filed by the appellant-National Insurance Company Limited, which was the third respondent before the Tribunal below. 2. Heard Smt. S.A.V. Ratnam, learned counsel appearing for the appellant-Insurance Company and Sri Jayanthi S.C. Shekar, learned counsel appearing for the respondents-Claimants. 3. The claimants who are the LRs of the deceased filed the claim case under Section 166 of the Motor Vehicles Act, seeking compensation of Rs. 8,00,000/- on account of the death of the deceased, against which, the learned Tribunal after making an enquiry awarded compensation of Rs. 2,79,800/- together with interest @ 9% per annum from the date of petition till the date of realization. In the present appeal, the appellant assailed the award on the ground that the compensation granted is on higher side and not just and reasonable. 4. The point that arises for consideration in this appeal therefore is whether the compensation granted is just and reasonable or it requires enhancement? 5. According to the claimants, the deceased was a graduate in agricultural science and he was an agriculturist. The claimants filed Ex. A-8 pattadar passbook, which discloses that the deceased was having property. The learned Tribunal in the absence of any documentary evidence considered the income of the deceased at Rs. 3,600/- per month made 1/3rd deductions applied multiplier 8.5 and awarded compensation at Rs. 2,79,800/-. 6. Even the loss to the claimants on account of death of the deceased is considered to be supervisory loss the amount of Rs. 3,600/-, which was taken by the learned Tribunal towards the income of the deceased, seems to be reasonable. Further if the amount is calculated basing on the judgment of the SARALA VERMA VS. DELHI TRANSPORT CORPORATION (2009 (6) SCALE 129), it works out more than what was awarded by the learned Tribunal. However, since there is no appeal by the claimants, it is not possible for this Court to enhance the compensation.
Further if the amount is calculated basing on the judgment of the SARALA VERMA VS. DELHI TRANSPORT CORPORATION (2009 (6) SCALE 129), it works out more than what was awarded by the learned Tribunal. However, since there is no appeal by the claimants, it is not possible for this Court to enhance the compensation. The interest granted at the rate of 9% per annum, is on higher side, requires to be modified and accordingly, the rate of interest is reduced from 9% per annum to 7.5% per annum from the date of petition till the date of realization. 7. In the result, confirming the amount of compensation awarded by the Tribunal below and reducing the interest to 7.5% per annum from the date of petition till the date of realization, the Civil Miscellaneous Appeal filed by the Insurance Company is partly allowed. There shall be no order as to costs.