Reliance General Insurance Company Limited v. Jassan
2018-01-19
AVNEESH JHINGAN
body2018
DigiLaw.ai
JUDGMENT Avneesh Jhingan, J. - The award dated 08. 01. 2013 passed by the Motor Accident Claims Tribunal, Kurukshetra (for short, "the Tribunal") in MACT Petition No. 27 of 2011 is under challenge by way of filing of the appeal by the Insurance Company and Cross-Objection by the claimants. 2. On 13. 02. 2011, there was a motor vehicular accident involving motorcycle bearing registration No. HR-07J-5141. The said motorcycle was being driven by Salinder Kumar, aged 30 years. His wife Sonia, aged 23 years was the pillion rider. The motorcycle was struck by a rashly and negligently driven truck bearing registration No. HR-55-2522 (for short, "the offending vehicle"). As a result of the accident, Salinder Kumar and Sonia lost their lives. Sonia succumbed to her injuries at the spot and Salinder Kumar died on way to CHC Shahabd. FIR No. 36 dated 13. 02. 2011 was registered at Police Station Shahabad. 3. The unfortunate minor son and his grand-parents filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act"). 4. The Tribunal awarded a sum of Rs. 14,32,600/- along with interest at the rate of 6% per annum. 5. The Insurance Company has filed the present appeal being aggrieved of adding of 100% future prospects to the earning of the deceased. The claimants have filed cross objection for enhancement of compensation raising the plea that the amount awarded for loss of estate is on lower side. 6. I have heard learned counsel for the parties and perused the paper-book and the record. 7. There is no dispute raised by the parties with regard to involvement of the offending vehicle, rash and negligent driving of the offending vehicle, age of the deceased, earning of the deceased, multiplier applied and the deduction made for self expenses. It has not been disputed that the deceased was having fixed salary. 8. The issues raised by the parties are duly supported by a decision of the Hon'ble Apex Court in National Insurance Company Limited v. Pranay Sethi and others , 2017 AIR(SC) 5157 Special Leave Petition (Civil) No. 25590 of 2014, decided on 31. 10. 2017. 9. It has been held that in case, the deceased is below 40 years of age and was having fixed salary, 40% future prospects are to be awarded. It has further been held that a sum of Rs.
10. 2017. 9. It has been held that in case, the deceased is below 40 years of age and was having fixed salary, 40% future prospects are to be awarded. It has further been held that a sum of Rs. 15,000/- is to be awarded for funeral expenses and another sum of Rs. 15,000/- for loss of estate. 10. In view of the decision of the Hon'ble Apex Court in Pranay Sethi's case and the aforesaid discussion, the compensation is recalculated as under :- Annual earning 5,175 X 12 Rs. 62,100/- Future prospects @ 40% Rs. 24,840/- Total Rs. 86,940/- 1/3rd deduction for self expenses Rs. 28,980/- Annual dependency Rs. 57,960/- By applying multiplier of 17 Rs. 9,85,320/- Funeral expenses and transportation Rs. 15,000/- Loss of estate Rs. 15,000/- Total Rs. 10,15,320/- 11. The award dated 08. 01. 2013 passed in MACT No. 27 of 2011 is modified to the extent that the compensation of Rs. 14,32,600/- awarded by the Tribunal is reduced to Rs. 10,15,320/-. 12. The appeal and cross-objection are partly allowed in the aforesaid terms.