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Rajasthan High Court · body

2013 DIGILAW 2265 (RAJ)

National Insurance Co. Ltd. v. Smt. Vimla

2013-12-13

ARUN BHANSALI

body2013
JUDGMENT 1. - This appeal is directed against judgment and award lated 22.6.2006 passed by Motor Accident Claims Tribunal, Ratangarh Camp Sujangarh ('the Tribunal'), whereby, for the death of one Dharmchand, the Tribunal has awarded a sum of Rs. 6,31,000/- alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 2.1.2004. 2. The facts in brief may be noticed thus: on 18.9.2003 at about 9.30 P.M. the deceased Dharmchand and Sanjay was coming by a motor cycle from Ringas to Sikar, when the motor cycle collided with a Jeep, resulting in death of both Dharmchand and Sanjay. 3. The application for compensation was filed by the appellants before the Tribunal, inter alia, it was claimed that the deceased Dharmchand was aged about 33 years and used to earn about Rs. 10,000/- per month from business while operating a Kirana, Ice-Cream and Namkeen Shop and claimed compensation of Rs. 9,50,000/-. The application was opposed by the Insurance Company by filing reply. 4. The Tribunal after considering the evidence led by parties, came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the Jeep, which resulted in, the death of both Sanjay and Dharmchand. 5. While considering the issue relating to the award of compensation, the Tribunal took the daily income of the deceased @ Rs. 100/- per day i.e. Rs. 3,000/- per month and enhanced to Rs. 6,000/- per month on account of future prospectus and deducted ⅓ towards his personal expenses and applied a multiplier of 14 and awarded a sum of Rs. 6,24,000/- under the head of loss of income and Rs. 5,000/-towards loss of consortium, Rs. 1,000/- as costs and Rs. 1,000/- each to the parents towards funeral expenses. 6. It is submitted by the learned Counsel for the appellant-Insurance Company that from the site map, it is apparent that the deceased Dharmchand, who was driving the motor cycle was himself responsible for the accident and in any case he contributed in the said accident and, therefore, the claimants were not entitled to the amount awarded by the Tribunal. It was further submitted that award of future prospectus at 100% is contrary to the law laid down by the Hon'ble Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation, (2009) 6 SCC 121 . 7. It was further submitted that award of future prospectus at 100% is contrary to the law laid down by the Hon'ble Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation, (2009) 6 SCC 121 . 7. On the other hand, the learned Counsel for the respondent supported the award impugned, it is submitted that the Tribunal has awarded meager amount compared to what was claimed by the claimants. It was further submitted that the deduction at ⅓ by the Tribunal is excessive looking to the number of dependants i.e. 8 and the award of Rs. 1,000/- each to the parents towards funeral expenses is adding insult to injury. It was submitted that adequate sum deserves to be awarded to the parents for loss of love and affection as the deceased was only 33 years old at the time of death. 8. I have considered the rival submissions. 9. So far as the argument relating to the negligence/contributory negligence of the deceased Dharmchand is concerned, a bare look at the site map (Exhibit-3 and 4) clearly reveals that the offending vehicle Jeep came on the extreme right side of the road and the motor cycle, which was plying on its correct side i.e. left side of the road was stuck, which resulted in the vehicle skidding and both the riders i.e. Dharmchand and Sanjay falling down and suffering fatal injuries. 10. A bare look at the site map does not leave any doubt that the accident occurred only on account of the rash and negligent driving of the Jeep driver. Merely because the bodies and the motor cycle were found lying on the extreme right side of the road can't lead to the conclusion that the motor cycle was being plied at the right side of the road, as apparently the motor cycle after being hit by the Jeep has skidding and went on to fall on the right side of the road, resulting in the death of both the riders, as such there is no substance in the submissions made in this regard. 11. 11. So far as the amount of compensation is concerned, the award of future prospectus at 100% is apparently contrary to the law laid down by the Hon'ble Supreme Court in Sarla Verma (supra), however, the deduction of ⅓ is also contrary to the said judgment and looking at the number of dependents, the same has to be taken on 1/5. Further, the award of funeral expenses at Rs. 1,000/- each to the parents is to say the least insult to the claimants as well as to the deceased. The amount for funeral is enhanced from Rs. 2,000/- to Rs. 7,000/- and the parents are further awarded a sum of Rs. 20,000/- each for loss of love and affection. 12. Consequently, the claimants would be entitled to (3000+1500)-(⅕ = 900)= 3600x12x16 = 6,91,200/- + 7,000/- + 40,000/-= Rs. 7,38,200/-. 13. The amount of award, which was a sum of Rs. 6,31,000/- has been enhanced exercising powers under Order XXLI, Rule 33 C.P.C. in order to award just and reasonable compensation to the claimants. 14. So far as the award of interest is concerned the awarding of default interest @ 9% is contrary to law laid down by the Hon'ble Supreme Court in National Insurance Company Limited v. Keshav Bahadur and Ors., (2004) 2 SCC 370 ; and, therefore, the claimants would be entitled to interest @ 6% per annum from the date of filing of application i.e. 2.1.2004 till the date of payment. 15. Consequently, the appeal is disposed of and the award passed by the Tribunal is modified to the extent that claimants would be entitled to a sum of Rs. 7,38,200/- alongwith interest @ 6% from the date of filing of application i.e. 2.1.2004 till the date of payment. The amount of enhanced compensation be paid to the claimants within a period of three months. The amount deposited by the appellant-Insurance Company in terms of order dated 15.2.2007 be dealt with appropriately. No costs Appeal disposed of. *******