Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 524 (JHR)

Laxmi Narayan Tewary v. New India Assurance Co. Ltd.

2018-03-06

RAJESH KUMAR

body2018
ORDER : Heard the parties. 2. The present appeal has been filed against the judgment dated 11.06.2014 passed in Title (M.V.) Suit No.216 of 2016 by learned District Judge-IX-cum-MACT, Dhanbad. 3. The claim application has been filed under Section 166 of M.V. Act by the claimants/appellants, seeking compensation on the ground of death of Uttam Kumar Tewary @ Uttam Kumar L. Tewary, who died in a road accident on 14.06.2006 at 7.30 P.M. 4. The appellant Nos.1 and 2 are the father and mother whereas appellant Nos.3 and 5 are the brothers and appellant No.4 is the sister of the deceased- Uttam Kumar Tewary. 5. The learned Claim Tribunal, after taking the evidence on record, has assessed the income of the deceased as Rs.3060/- per month. The age of the deceased has been assessed as 25 years. The status of the deceased is unmarried. Number of the dependants are five. On the basis of the above finding, multiplier of 18 has been applied. Deduction towards personal expenditure has been assessed as half of the income. 6. There is no dispute with regard to these facts and parameters by the counsel for both the sides. 7. The only claim has been raised in the present appeal that the appellants have not been given anything towards future prospect and only Rs.5,000/-has been given towards funeral expenses and towards loss of estate. 8. It has been argued, in view of the judgment of the Hon’ble Supreme Court reported in AIR 2017 Supreme Court 5157 [:2017(4) JLJR (SC) 275] (National Insurance Company Limited v. Pranay Sethi and ors.), that the appellants are entitled for 40% enhancement towards future prospect, being in the age group 25 years. It has further been argued that they are entitled for Rs.30,000/- towards funeral expenses and loss of estate, as per the mandate of Hon’ble Supreme Court. 9. If these two facts are taken into consideration, then amount of compensation will be Rs.4.92,672/-. At this stage, it is relevant to point out that the calculation shown by counsel for the appellants, has been accepted by the counsel for the Assurance Company. 10. So far calculation of Rs. 4.92,672/-is concerned, out of which, Claim Tribunal has already awarded compensation of Rs.3,35,480/- with interest @ 6% from the date of filing of claim petition. 11. At this stage, it is relevant to point out that the calculation shown by counsel for the appellants, has been accepted by the counsel for the Assurance Company. 10. So far calculation of Rs. 4.92,672/-is concerned, out of which, Claim Tribunal has already awarded compensation of Rs.3,35,480/- with interest @ 6% from the date of filing of claim petition. 11. It has been admitted by the counsel for the appellants that the said amount with interest has already been paid by the Assurance Company. 12. In view of the above submission, the award dated 11.06.2014 is modified to the extent that the appellants will be entitled for Rs.4,92,672/- as a compensation minus compensation already paid. 13. So far as interest part is concerned, the appellants will be entitled 6% simple interest on the enhanced amount w.e.f. 14.10.2014 i.e. from the date of filing of the appeal before this Court. This enhanced amount along with interest will be paid to the parents of the deceased. 14. With the above modification in the judgment dated 11.06.2014, present appeal is disposed of. 15. However, it has been submitted on behalf of the counsel for the Assurance Company that the Claim Tribunal has observed in its award “that the insurance company shall have at liberty to indemnify the said amount from the owner of the vehicle if their papers are not found valid and genuine”. 16. This part of the judgment is not disturbed by this Court. Let it remain as it is.