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Himachal Pradesh High Court · body

2016 DIGILAW 2383 (HP)

National Insurance Co. Ltd. v. Saroj Kumari

2016-11-11

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award, dated 21st April, 2012, passed by the Motor Accident Claims Tribunal-I, Solan camp at Nalagarh, H.P., (for short, “the Tribunal”) in Claim Petition No.40NL/2 of 2008, titled Saroj Kumari and others vs. Beer Chand and others, whereby the claim petition was allowed and compensation to the tune of Rs. 6,26,000/-, with interest at the rate of 7.5% per annum, came to be awarded in favour of the claimants and the insurer was saddled with the liability, (for short the “impugned award”). 2. Feeling aggrieved, the insurer has challenged the impugned award by the medium of instant appeal. 3. During the course of hearing, the learned Senior Advocate appearing for the appellant-insurer submitted that the impugned award is bad only to the extent that the Tribunal has wrongly deducted 1/4th amount towards the personal expenses of the deceased, whereas 1/3rd was to be deducted. 4. I have gone through the impugned award. The number of claimants, in the instant case, is three. Therefore, in view of the law laid down by the Apex Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 , which decision was also upheld by the larger Bench of the Apex Court in Reshma Kumari and others vs. Madan Mohan and another, 2013 AIR (SCW) 3120, 1/3rd was to be deducted from the monthly income of the deceased, towards his personal expenses. The Tribunal has fallen into an error in deducing 1/4th and the impugned award needs to be set aside to that extent. 5. The Tribunal, after making discussion in paragraph 9, assessed the monthly income of the deceased at Rs.4,000/-. After deducting 1/3rd towards the personal expenses of the deceased, the loss of source of dependency comes to Rs.2,700/- per month. 6. The Tribunal has applied the multiplier of 16. Thus, the total loss of source of dependency comes to Rs.2,700/- x 12 x 16 = Rs.5,18,400/-. The amount awarded by the Tribunal under the other heads is maintained. The rate of interest is also maintained. 7. In view of the above discussion, the claimant is held entitled to compensation to the tune of Rs.5,68,000/- with interest at the rate of 7.5% per annum from the date of the claim petition till the same is deposited. 8. The amount awarded by the Tribunal under the other heads is maintained. The rate of interest is also maintained. 7. In view of the above discussion, the claimant is held entitled to compensation to the tune of Rs.5,68,000/- with interest at the rate of 7.5% per annum from the date of the claim petition till the same is deposited. 8. Having said so, the appeal is allowed and the impugned award is modified to the above extent. The Registry is directed to release the amount in favour of the claimants, through their bank accounts, strictly in terms of the impugned award and the excess amount, if any, alongwith interest, be released in favour of the insurer through payee’s account cheque. The appeal is disposed of accordingly.