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2016 DIGILAW 661 (JK)

New India Assurance Co. Ltd. v. Shashi Devi

2016-12-15

R.SUDHAKAR

body2016
JUDGMENT : R. SUDHAKAR, J. 1. Both the appeal and the cross appeal is of the year 2006. It is a case of fatal accident. Accident in this case happened on 30.08.2003 at 9.45 pm. Harsh Bardhan Singh-deceased was travelling in an Army Vehicle No. 99D-23273W and was going towards his unit location area at Samba. The offending vehicle Trailer No. HR37-6454 loaded with 55 ft long and 45 cm thick iron rods protruding 11 ft out of the trailer body was moving from Pathankot side without lights. 2. There was no warning sign on the iron rods. The driver of the Trailer vehicle carrying the iron rods drove it rashly and ripped into the body of the army vehicle. It resulted in severe injuries to the persons travelling in it. Harsh Bardhan Singh-Hawaldar who was travelling in the army vehicle died. 3. The deceased left behind Shashi Devi-wife, two minor sons and Janardhan Singh-father and Satesway Devi-mother as claimants. They made a claim in a sum of Rs. 40.00 lac. 4. The finding of negligence on the part of the driver of the goods trailer vehicle and the liability of the owner of the vehicle and Insurance Company to compensate the claimant is not disputed. The appeal is canvassed primarily on the quantum of compensation. 5. Based on the testimony of the eye witness and the documentary evidence, the Tribunal came to the conclusion that death was due to the rashness and negligence of the driver of the offending vehicle, insured with the appellant. 6. Tribunal granted Rs. 15,28,200/- as compensation. The monthly salary of the deceased was fixed at Rs. 13,350/- and after deducting 1/3rd of the income towards personal expenses of the deceased fixed the pecuniary loss to dependants at Rs. 8900/-. The Tribunal adopted 14 as multiplier. The Tribunal in all granted the compensation in the following manner: Loss of pecuniary benefit Rs.14,95,200/- (8900 x 12 x 14) Loss of consortium Rs. 15,000/- Loss of the estate Rs.15,000/- Funeral expenses Rs.3000/- Total 15,28,200/- with interest @ 7.5% per annum interest 7. Learned counsel for the appellant pleads that the compensation granted to the claimants is on the higher side and pleaded for reduction. 8. In cross appeal the learned counsel for the claimants, however, pleaded that the proper multiplier should be 15 and not 14 as the age of the deceased is 35 years. Learned counsel for the appellant pleads that the compensation granted to the claimants is on the higher side and pleaded for reduction. 8. In cross appeal the learned counsel for the claimants, however, pleaded that the proper multiplier should be 15 and not 14 as the age of the deceased is 35 years. This plea is correct in terms of the decision rendered by Hon'ble Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., reported in 2009 (3) Supreme 487 . Further meager amount has been granted for loss of consortium and towards loss of estate. No amount has been granted for loss of love and affection to the children on account of death of their father and to the parents on the death of their son. The claimants are entitled to just compensation. The multiplier on the death of 35 years old army person will be 15 as per the Apex Court decision referred to above. The income is not disputed nor the deduction. Hence, for loss of pecuniary benefits higher amount has to be granted. The Tribunal has granted meager amount towards consortium and no amount for loss of love and affection. Hence the cross, appeal deserves to be allowed and compensation enhanced. 9. Considering all these pleas raised by the appellant-Insurance company as also the claimants plea in the cross appeal, the award of the Tribunal is modified as under: S.No. Head Award of the tribunal Modified award 1. Pecuniary loss of income Rs.14,95,200/- Rs.16,02,000/- (8900 x 12 x 15) 2. Loss of consortium Rs.15,000/- Rs.30,000/- 3. Loss of love and affection to the two minor children @ Rs.30,000/- each Nil Rs.60,000/- 4. Funeral expenses Rs.3000/- Rs.5000/- 5. Transport charge Nil Rs.5000/- Total Rs.17,02,000/- with interest @ 7.5% per annum Hence, the appeal is dismissed and the cross appeal is allowed. The appellant-Insurance Company is granted six weeks time to deposit the compensation determined by this Court less the amount already in deposit. The claimant are entitled to withdraw the same on such deposit.