Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 160 (JK)

National Ins. Co. Ltd. v. Payal Tondon

2017-03-29

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. It is an appeal by the appellant-Insurance Company primarily challenging the quantum of award passed by the MACT Jammu. The finding of negligence and liability of Insurance Company to compensate the claimants is not in dispute. 2. It is a case of fatal accident. Accident in this case happened on 04.05.2013 at 11.23 pm when the offending vehicle No. JK02BB-5799 being driven in a rash and negligent manner by its driver, resulting in grievous injuries to one Karan who was on the motorcycle. As a result of this accident, the injured succumbed to the injuries. On his death, widow 32 years and two minor sons are the claimants. 3. In the claim petition the claimants claim that the income of the deceased was Rs.15,000/- per month being an employee of Punjab Kesri News. The Tribunal, however, fixed the income at Rs. 6000/- in absence of any documentary evidence or witness. It added 30% increase on account of future prospectus and determined the income at Rs. 7800/- per month. After deducting 1/3rd towards the personal expenses of the deceased, loss of benefits to the deceased was taken as Rs. 5200/- per month. Multiplier of 15 was adopted and following compensation was granted: S.No. Heads Award of tribunal 01. For loss of dependency Rs. 9, 36,000/- 02. Funeral expenses Rs. 25,000/- 03. For loss of consortium Rs. 1.00,000/- 04. For love & affection to two minor children Rs. 2,00,000/- 05. For loss of estate Rs. 5,000/- Total Rs. 12,66,000/- With interest @ 7.5 % per annum 4. In appeal, it is pleaded that income of the deceased fixed at Rs. 6000/- per month is on higher side as well as no proof of actual earning has been brought on record. Besides it, 30% increase would be contrary to paragraph No. 24 of the case titled Sarla Verma & ors vs. Delhi Transport Corporation & anr. reported in 2009(3) Supreme 487 because the deceased in this case was not in regular employment and no proof of employment is submitted. 5. Taking note of the above, income of deceased is fixed at 4000/- per month and after adopting 15 as multiplier the loss of dependency is fixed at Rs. 7,20,000/- . However, the award granted by the Tribunal under other heads is confirmed along with the interest. 5. Taking note of the above, income of deceased is fixed at 4000/- per month and after adopting 15 as multiplier the loss of dependency is fixed at Rs. 7,20,000/- . However, the award granted by the Tribunal under other heads is confirmed along with the interest. The award granted by the Tribunal is modified as under: S.No. Heads Award of tribunal Award of tribunal 01. For loss of dependency Rs. 9, 36,000/- Rs. 7,20,000/- 02. Funeral expenses Rs. 25,000/- Rs. 25,000/- 03. For loss of consortium Rs. 1.00,000/- Rs. 1.00,000/- 04. For love & affection to minor children Rs. 2,00,000/- Rs. 2,00,000/- 05. For loss of estate Rs. 5,000/- Rs. 5,000/- Total Rs. 12,66,000/- Rs. 10, 50,000/- With interest @ 7.5 % per annum 6. To that extent, the appeal is allowed. The award passed by the Tribunal is modified as above. The appellant is entitled to seek refund of the excess after settling the claimants. Claimants are entitled to withdraw the award modified as above.