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2017 DIGILAW 536 (JHR)

National Insurance Company Limited, The Divisional Manager, Dhanbad Rep. through its legal cell, Ranchi v. Kamla Devi wife of late Dinesh Kumar Bhatt

2017-03-20

AMITAV K.GUPTA

body2017
ORDER : I.A. no. 334 of 2015 This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 164 days in preferring this present Misc. Appeal. 2. Learned counsel on behalf of the respondents has not raised any serious objection. 3. Heard. Considering the reasons assigned in paras- 4, 5 and 6 of the supporting affidavit, sufficient cause and reasonable explanation is made out, accordingly, the delay is condoned. 4. I.A. no. 334 of 2015 stands allowed. M.A. No. 473 of 2014 5. This appeal has been preferred impugning the judgment dated 29.01.2014 passed by District Judge-II-cum-M.A.C.T., Dhanbad directing the appellant/The National Insurance Company Limited to pay the compensation amount of Rs.55,86,773 along with interest @ 6% per annum from the date of filing of the application till its realization. 6. Learned counsel for the appellant/The National Insurance Company Limited has assailed the impugned judgment contending that compensation awarded is exorbitant as the Tribunal has erred in assessing the compensation by holding that the deceased was aged 50 years on the basis of post-mortem report whereas the papers and documents of the service record of the deceased reveals that the deceased was aged 53 years, hence, the multiplier applicable is 11 and not 13 as applied by the Tribunal. It is submitted by the counsel that the ratio laid down by the Supreme Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and Another reported in (2009) 6 SCC 121 ; which has been referred to and followed in the case of Reshma Kumari and Others Vs. Madan Mohan and Another reported in (2013) 9 SCC 65 ; it has been held that no addition should be made towards future prospects in case the deceased is aged more than 50 years. It is urged that if the multiplier of 11 is applied, the compensation payable would be Rs.36,00,000/- (thirty six lakhs) and with interest it would amount to Rs.45,00,000/- (forty five lakhs). 7. Learned counsel for the respondents has submitted that the claimants/respondents have no objection if compensation amount of Rs.50,00,000/- (fifty lakhs) is awarded as compensation. 8. Heard. In the facts and circumstances, Rs.50,00,000/- (fifty lakhs) would be just, reasonable and equitable compensation payable by the appellant/The National Insurance Company Limited. 7. Learned counsel for the respondents has submitted that the claimants/respondents have no objection if compensation amount of Rs.50,00,000/- (fifty lakhs) is awarded as compensation. 8. Heard. In the facts and circumstances, Rs.50,00,000/- (fifty lakhs) would be just, reasonable and equitable compensation payable by the appellant/The National Insurance Company Limited. Accordingly, the appellant/The National Insurance Company Limited is directed to pay a lump sum amount of Rs.50,00,000/- (fifty lakhs) to the respondents/claimants within three months from the date of receipt of copy of this order to the respondent no.1, namely, Kamla Devi. Respondent no.1 shall invest Rs.10,00,000/- (ten lakhs) each as fixed deposit in the name of the two daughters for a period of five years and Rs.5,00,000/- (five lakhs) each in the name of the minor sons for the same period and Rs.10,00,000/- (ten lakhs) shall be invested in fix deposit in the name of respondent no.1 for a period of five years. Respondent no.1 would be entitled to receive the accrued interest of the fixed deposit amount to meet the expenses for daily needs and requirements. It is made clear that if the aforesaid compensation amount is not paid within the stipulated period, the appellant shall be liable to pay interest @ 10% per annum on the said amount from the date of this order. 9. The impugned judgment dated 29.01.2014 of the court below stands modified to the extent as noted above. 10. Registry is directed to return the statutory amount of Rs.25,000/- (twenty five thousand) in favour of the appellant/The National Insurance Company Limited. 11. With the aforesaid observation and direction this appeal is, hereby, disposed off.