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Himachal Pradesh High Court · body

2015 DIGILAW 1239 (HP)

National Insurance co. Ltd. v. Gulaboo Devi

2015-09-04

MANSOOR AHMAD MIR

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Judgment : Mansoor Ahmad Mir, Chief Justice (Oral) Challenge in this appeal is to the judgment and award dated 8.12.2008, made by the Motor Accident Claims Tribunal (II), Shimla in MAC Petition No. 40-S/2 of 2007, titled Smt. Gulaboo Devi and another versus Rakesh Chauhan and others, for short “the Tribunal”, whereby compensation to the tune of Rs.6,88,200/- was awarded in favour of the claimants, hereinafter referred to as “the impugned award”, for short. 2. The short point involved in this appeal is whether the Tribunal has rightly deducted 1/3rd towards personal expenses. The answer is in negative for the following reasons. 3. Admittedly, the deceased, namely, Mohinder Singh, a bachelor, was 24 years of age, at the time of his death. The income assessed is Rs.5000/- per month and one half was to be deducted towards personal expenses in terms of Sarla Verma and others versus Delhi Transport Corporation and another reported in AIR 2009 SC 3104 and upheld in Reshma Kumari and others versus Madan Mohan and another, reported in 2013 AIR SCW 3120. 4. The multiplier of “16” was applicable in terms of the judgment, supra. Thus, it is held that the claimants are entitled to Rs.2500x12x16, total Rs.4,80,000/- with interest, as awarded by the Tribunal from the date of claim petition till its realization. 5. Accordingly, the appeal is allowed and the impugned award is modified as indicated herein above. 6. The Registry is directed to release the amount in favour of the claimants, strictly, in terms of the conditions contained in the impugned award, through payee’s cheque account and excess amount if any, shall be refunded to the insurer. 7. Send down the record, forthwith, after placing a copy of this judgment.