Vimlesh Kumar Soy v. Divisional Manager, New India Insurance Co. Ltd
2018-07-05
RAJESH KUMAR
body2018
DigiLaw.ai
JUDGMENT : 1. As per the office note, notice has not been served upon the respondent no. 2, owner of the offending vehicle, as he is living in Canada. 2. Since liability has not been fastened upon the owner of the offending vehicle, he is not a necessary party in the instant case. 3. Heard learned counsel for the appellant as well as respondent no. 1. 4. The present appeal has been filed by the claimants against the Award dated 17.09.2016 passed in Compensation Case No. 290 of 2011. 5. Finding recorded by the Claim Tribunal has not been disputed by either of the parties. 6. Deceased has died in a motor vehicle accident on 05.07.2011. Factum of accident, involvement of vehicle and insurance policy are not in dispute. 7. Learned Claim Tribunal has recording the finding, which is relevant:- (1) Age of deceased 51 years. (2) Monthly Income = Rs. 18,690/- (3) Number of dependent = Three 8. Learned counsel for the appellants has relied upon the judgment rendered by the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in AIR 2017 SC 5157 , and submitted that learned Tribunal has not granted anything towards future prospect which as per the judgment should be 15% as the age of the deceased is 51 years. 9. As per the judgment of the Apex Court in the case of Pranay Sethi (Supra), appellants are entitled for 15% toward future prospect and thirty thousand towards fixed charges i.e. loss of state and funeral expenses. 10. As per the above parameters, the calculation of compensation as per the criteria laid down in the case of Pranay Sethi (Supra), is as follows : Admitted Income Rs. 18,690/- Total Annual Income Rs. 2,24,280/- Tax Calculation Exempted in the year 2011-12 up to Rs. 1,90,000/- Total Income Rs. 2,24,280/- Less-Exemption Rs. 1,90,000/- Taxable Income Rs. 34,280/- Less Tax 10% of Taxable Income Rs. 3428/- Annual Income Rs. 2,24,280/- Less Tax 10% of Taxable Income Rs. 3428/- Rs. 2,20,852/- Multiplier as per age between 50-55 is 11 Rs. 24,29,372/- Less 1/3 Rs. 8,09,791/- 2/3 remaining Rs. 16,19,581/- Add 15% future prospect Rs. 2,42,937/- Total Rs. 18,62,518/- Add(non conventional heads) Rs. 30,000/- Final Total Rs. 18,92,518/- Amount paid Rs. 16,79,720/- Rest Amount Rs. 2,12,798/- 11.
3428/- Annual Income Rs. 2,24,280/- Less Tax 10% of Taxable Income Rs. 3428/- Rs. 2,20,852/- Multiplier as per age between 50-55 is 11 Rs. 24,29,372/- Less 1/3 Rs. 8,09,791/- 2/3 remaining Rs. 16,19,581/- Add 15% future prospect Rs. 2,42,937/- Total Rs. 18,62,518/- Add(non conventional heads) Rs. 30,000/- Final Total Rs. 18,92,518/- Amount paid Rs. 16,79,720/- Rest Amount Rs. 2,12,798/- 11. Since final quantum of compensation has been calculated to Rs.18,92,518/-, out of which Rs.16,59,720/- has already been paid. Thus, net payable amount comes to Rs.2,12,798/-. 12. In view of the above facts and circumstances of the case, the Award dated 17.09.2016 passed in Compensation Case No.290 of 2011 is modified to the extent that the appellants will be entitled for further Rs. 2,12,798/-. However, at this stage it has been suggested at the bar that lum-sum amount including interest may be given to the appellants. 13. In view of the above submission, this Court feels that as all the claimants are major sons and daughter of the deceased, let further Rs. 2,50,000/- is to be paid to the claimants within three months from passing of this order, failing which interest @ 9% per annum will be accrued. 14. With the above modification, the appeal is allowed.