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Rajasthan High Court · body

2017 DIGILAW 2430 (RAJ)

Dhani Devi W/o Lt. Sh. Ganga Ram v. Shanti Lal S/o Sh. Bohata Ram

2017-11-06

ARUN BHANSALI

body2017
ORDER : ARUN BHANSALI, J. This appeal is directed against the judgment and award dated 3.1.2013, passed by the Motor Accident Claims Tribunal-I, Jodhpur (‘the Tribunal’), whereby, the Tribunal has awarded a sum of Rs. 9,36,000/- as compensation alongwith interest @ 8.5% per annum from the date of filing application i.e. 6.8.2010 2. Learned counsel for the appellants submits that the issues raised in the present appeal are squarely covered by Larger Bench judgment of Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Pranay Sethi, SLP (Civil) No. 25590/2014, decided on 31.10.2017, wherein, the Supreme Court has settled the parameters for payment of compensation to the claimants. 3. It is submitted that in terms of the said judgment, the compensation has been recalculated by learned counsel for the appellants according to which, the appellants are entitled to compensation to the tune of Rs. 13,55,200/-. 4. Learned counsel for the respondent - Insurance Company does not dispute the fact that the issue now stands covered by Judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra). 5. Hon'ble Supreme Court in the case of Pranay Sethi (supra) has laid down as under: “61. In view of the aforesaid analysis, we proceed to record our conclusions:— (i) The two-Judge Bench in Santosh Devi should have been well advised to refer the matter to a larger Bench as it was taking a different view than what has been stated in Sarla Verma, a judgment by a coordinate Bench. It is because a coordinate Bench of the same strength cannot take a contrary view than what has been held by another coordinate Bench. (ii) As Rajesh has not taken note of the decision in Reshma Kumari, which was delivered at earlier point of time, the decision in Rajesh is not a binding precedent. (iii) While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax. (iv) In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component. (v) For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paragraphs 30 to 32 of Sarla Verma which we have reproduced, hereinbefore. (vi) The selection of multiplier shall be as indicated in the Table in Sarla Verma read with paragraph 42 of that judgment. (vii) The age of the deceased should be the basis for applying the multiplier. (viii) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years.” 6. In view of the principles laid down above by Hon'ble Supreme Court, the compensation payable to the appellants is calculated as under:— 7. Loss of income Rs. 6,000 + 2,400 (40% future prospects) = 8,400 - 1/3rd (personal expenses) × 17 × 12 = 12,85,200/- + loss of consortium Rs. 40,000 + funeral expenses Rs. 15,000/- + loss to estate Rs. 15,000/- = total Rs. 13,55,200/-. 8. Consequently, the appeal filed by the appellants is partly allowed. The award dated 3.1.2013 is modified to the extent that appellants would be entitled to further compensation of Rs. 4,19,200/- alongwith interest @ 7% per annum from the date of filing application i.e. 6.8.2010 9. The amount of enhanced compensation would be paid to the appellants/claimants in their saving bank accounts in the manner that 70% would be paid to the appellant No. 1 and 10% each would be paid to the appellants No. 2, 3 and 4. 10. 4,19,200/- alongwith interest @ 7% per annum from the date of filing application i.e. 6.8.2010 9. The amount of enhanced compensation would be paid to the appellants/claimants in their saving bank accounts in the manner that 70% would be paid to the appellant No. 1 and 10% each would be paid to the appellants No. 2, 3 and 4. 10. The amount be deposited by the respondent - Insurance Company within a period of six weeks from the date of this judgment.