Lovely Debi Chowhan @ Lovely Chowhan v. Shriram General Insurance Co. Ltd. Through Its Manager,
2019-01-08
A.M.KHANWILKAR, AJAY RASTOGI
body2019
DigiLaw.ai
ORDER 1. Leave granted. 2. This appeal takes exception to the judgment and order dated 05.06.2018 passed by the High Court at Calcutta in F.M.A.T. No. 243 of 2017 whereby the High Court has rejected the appeal, preferred by the appellants for enhancement of compensation amount, on the ground of delay of only 74 days. 3. The appellants had filed Claim Petition before the Motor Accident Claim Tribunal at Raiganj, Uttar Dinajpur being M.A.C. Case No. 53 of 2015, after the death of Kamal Chowhan due to road accident occurred on 15.03.2015. The Tribunal allowed the Claim Petition vide award dated 29.09.2016 determining the compensation of Rs. 3,87,500/- payable to the claimants (appellants). The appellants carried the matter before the High Court by way of First Appeal which came to be dismissed on the ground of delay. 4. Heard learned counsel for the parties. 5. We have no hesitation in setting aside the order passed by the High Court in rejecting the appeal on the ground of delay of only 74 days. In our opinion, the appellants had made out sufficient cause for the delay in filing of the First Appeal. Ordinarily, we would have relegated the parties before the High Court for deciding the First Appeal on its own merits. 6. However, considering the fact that the Claim Petition is under the Motor Vehicles Act and that the evidence on record which has already been evaluated by the Tribunal on the basis of which finding of fact has been recorded, in our opinion, the same needs no interference. 7. The only question for our consideration is about the quantum of compensation to be paid to the claimants. It is noticed that the appellants did not produce any substantive evidence regarding the income of the deceased on the date of the accident. On that basis, the Tribunal assumed the income of the deceased to be Rs. 3,000/- per month. That finding of fact needs no interference. The only issue on which the appeal ought to succeed is about the computation by the Tribunal which is not in consonance with the decision of this Court in National Insurance Co. Vs. Pranay Sethi & Ors. , (2017) AIR SC 5157. In that, the appellants would be entitled to future prospects at the rate of 25 per cent and also other benefits including interest at the rate of 9 per cent. 8.
Vs. Pranay Sethi & Ors. , (2017) AIR SC 5157. In that, the appellants would be entitled to future prospects at the rate of 25 per cent and also other benefits including interest at the rate of 9 per cent. 8. Resultantly, the amount of compensation will work out as follows: Income = Rs. 3,000/- Future Prospects = 25% Income after adding future prospects = Rs. 3,750/- (3,000 x 25/100 = 750 (3000 + 750) Deduction = 1/4 Income after deduction = Rs. 2812.5 (3,750 - 3,750 x 1/4 i.e. 937.5 = 2812 Loss of dependency = 2812.5 x 14 x 12 = Rs. 4,72,500 (Age = 42 Multiplier = 14) Loss of consortium = Rs. 40,000/- Loss of Estate = Rs. 15,000/- Less Funeral expenses = Rs. 15,000/- Total Compensation = Rs. 5,42,500/- Interest percentage = 9% 9. Accordingly, the appeal is allowed by modifying the award passed by the Tribunal and by enhancing the compensation amount to Rs. 5,42,500/- to be paid alongwith interest at the rate of 9 percent per annum from the date of filing of the Claim Petition. 10. No order as to costs. 11. Counsel for the respondents in all fairness submits that the insurance company will pay the enhanced compensation amount within six weeks directly to the appellants or deposit the same before the M.A.C.T. within the same time, to be disbursed by the Tribunal as per law.