Research › Search › Judgment

Uttarakhand High Court · body

2017 DIGILAW 205 (UTT)

CHAMANWALA v. CHOLAMANDALAM M. S. GENERAL INSURANCE COMPANY LTD.

2017-04-05

SERVESH KUMAR GUPTA

body2017
JUDGMENT Hon’ble Servesh Kumar Gupta, J. Having heard the rival contentions, it transpires that the accident occurred on 24.11.2013 at 6.30 PM on Nahtaur-Noorpur Road when Param Singh, a motorcycle borne youth, was dashed by Bolero No. HR10L-2575. Param Singh breathed his last at the spot. His post-mortem was conducted on 25.11.2013 in the nearby District Hospital. So, his dependants including wife, children and parents (in all, five) instituted the MACT Petition No. 116/2014 claiming compensation to the tune of rupees forty lakhs, whereagainst the learned Tribunal awarded Rs. 22,33,460/- along with 7.5 per cent annual interest. Feeling dissatisfied, the claimants have filed the present appeal for enhancement of compensation. 2. It has been argued by the learned Counsel of the claimants/appellants that the Tribunal awarded lesser amount on the score of future prospects. That apart, the amounts of Rs. 15,000/- and Rs. 25,000/- awarded for loss of love and affection and consortium respectively are also on the lesser side. 3. Having considered the facts and circumstances of the case and on perusal of the impugned award, I am of the opinion that this is simply a luxurious appeal. Tribunal has already awarded the compensation as well as the interest on the higher side. 4. Further, the Hon’ble Apex Court has repeatedly observed that in the absence of any statutory and a straitjacket formula, there are bound to be grey areas despite several attempts made by Supreme Court to lay down the guidelines. Compensation would basically depend on the evidence available in a case and the formulas shown by the courts are only guidelines for the computation of the compensation. That precisely is the reason the courts lodge a caveat stating “ordinarily”, “normally”, “exceptional circumstances”, etc. while suggesting the formulae. 5. Consequently, I find no scope of interference with the impugned judgment. Appeal is hereby dismissed. 6. Let the LCR be sent back.