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2015 DIGILAW 182 (HP)

Leela v. Oriental Insurance Company

2015-03-13

MANSOOR AHMAD MIR

body2015
Judgment : Mansoor Ahmad Mir, J. By the medium of this appeal, the appellant-insurer has called in question the award dated, 26th June, 2006, made by the Motor Accident Claims Tribunal, Chamba Division, Chamba, H.P. (for short "the Tribunal") in Claim Petition No. 81 of 2004, titled as Smt. Leela & others versus Prem Bhardwaj & another, whereby compensation to the tune of Rs. 2,57,000/- came to be awarded in favour of the appellants-claimants, as per the apportionment made in the award and against the respondents and the insurer was saddled with liability (for short "the impugned award"). 2. The owner-insured and the insurer have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. The appellants-claimants have questioned the impugned award only on the ground of adequacy of compensation, which appears to be forceful for the following reason: 4. The Tribunal has taken the income of the deceased, Shri Kanth, as Rs.2100/- per month, which is meager and has deducted Rs. 1100/- towards his personal expenses, which is also not in accordance with the mandate of granting compensation read with the law laid down by the Apex Court in Sarla Verma (Smt) and others versus Delhi Transport Corporation and another, reported in (2009) 6 Supreme Court Cases 121, which was upheld by a larger Bench of the Apex Court in Reshma Kumari & Ors. versus Madan Mohan & Anr., reported in 2013 AIR SCW 3120, in terms of which one fourth was to be deducted. 5. Thus, after deducting one fourth, it is held that the appellants-claimants have lost their source of dependency to the tune of Rs. 1600/- per month. The multiplier of 15', as applied by the Tribunal, is just and appropriate. 6. Having said so, the appellants-claimants are held entitled to compensation to the tune of Rs.2,88,000/- (i.e. 1600/- x 12 x 15) with interest @ 7.5 % per annum from the date of award till its finalization. 7. Accordingly, the appeal is allowed and the impugned award is modified, as indicated hereinabove. 8. The insurer is directed to deposit the enhanced amount before this Registry within six weeks. 9. Registry to release the enhanced awarded amount in favour of the appellants-claimants strictly as per the terms and conditions contained in the impugned award after proper identification. 10. 7. Accordingly, the appeal is allowed and the impugned award is modified, as indicated hereinabove. 8. The insurer is directed to deposit the enhanced amount before this Registry within six weeks. 9. Registry to release the enhanced awarded amount in favour of the appellants-claimants strictly as per the terms and conditions contained in the impugned award after proper identification. 10. Send down the record after placing copy of the judgment on Tribunal's file.