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2015 DIGILAW 1468 (HP)

United India Insurance Co. Ltd. v. Reena Devi

2015-10-09

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir 1. This appeal is directed against the award, dated 26th March, 2009, passed by the Motor Accident Claims Tribunal-II, Fast Track Court, Hamirpur (H.P.), (for short, “the Tribunal”) in MAC Petition No.1 of 2008, titled Reena Devi vs. Karanbir & others, whereby a sum of Rs.4,25,000/- alongwith interest at the rate of 6% per annum came to be awarded as compensation in favour of the claimants (for short the “impugned award”). 2. The claimants, the owner-insured and the driver have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them. 3. Only the insurer has questioned the impugned award on the ground of adequacy of compensation. The learned counsel for the appellant has argued that the Tribunal has fallen in error in applying the multiplier of ‘17’. 4. The age of the deceased was 30 years at the time of the accident and the multiplier applicable was ‘15’ in view of Schedule-II appended to the Motor Vehicles Act, 1988 read with the judgment made by the Apex Court in cases tilted as Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 , which decision was upheld by the larger Bench of the Apex Court in Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120. 5. In view of the above, multiplier of 15 is just and appropriate multiplier applicable in the present case. Accordingly, the claimants are held entitled to compensation to the tune of Rs.24,000X15= 3,60,000/- under the head loss of dependency. 6. The Tribunal has awarded Rs.2,000/- under the head ‘funeral expenses’, Rs.5,000/- under the head ‘loss of consortium and Rs.10,000/- under the head ‘loss of love & affection, which amount is also on the lower side. In view of the recent judgment of the Apex Court, a sum of Rs.10,000/- each is awarded under the heads ‘loss of love and affection’, ‘loss of consortium’, ‘loss of estate’ and ‘funeral expenses’. 7. In view of the above discussion, the claimants are held entitled to Rs.3,60,000/- + Rs.40,000/-, (Rs.4,00,000/- in all), alongwith interest as awarded by the Tribunal. The impugned award is modified accordingly. 8. 7. In view of the above discussion, the claimants are held entitled to Rs.3,60,000/- + Rs.40,000/-, (Rs.4,00,000/- in all), alongwith interest as awarded by the Tribunal. The impugned award is modified accordingly. 8. The Registry is directed to release the compensation amount, alongwith interest, in favour of the claimants strictly as per the terms and conditions contained in the impugned award and the excess amount, if any, be refunded to the appellant-insurer through payees’ account cheque. 9. The appeal stands disposed of accordingly alongwith all pending CMPs, if any.