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2019 DIGILAW 2522 (RAJ)

The New India Assurance Co Ltd v. Kesar Devi

2019-09-18

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - The instant civil misc. appeal U/s.173 of Motor Vehicles Act, 1988 has been filed for the following relief :- "It is, therefore, most humbly and respectfully prayed that this appeal may kindly be allowed, impugned judgment and award dated 04.8.2009 passed by learned MACT (Additional District & Sessions Judge), Sangariya in Claim Case No.02/2008 may kindly be quashed and set aside qua the appellant upto the extent of 50% as the negligence of the deceased is determined." 2. Counsel for the appellant submits that the quantum of compensation awarded by learned Tribunal is excessive as income of deceased has been taken as Rs.9000/- per month for the job which he was doing plus Rs.10,000/- per month as agricultural income. Counsel for the Insurance Company submits that not a single document has been produced nor any oral evidence has been adduced regarding agricultural income. Counsel for the appellant submits that to substantiate the claim in-question it is requirement in law that the details of documents should have been given by the claimants of the deceased so as to reflect agricultural income of the deceased. 3. Counsel for the appellant, however, is not in a position to refute Rs.9,000/- monthly income from regular job. Counsel for the appellant has opposed penal interest and has also made submissions on contributory negligence. 4. Counsel for the respondent Mr. Manoj Bhandari submits that since Rs.9000/- monthly income from regular job was never controverted and moreover agricultural income of Rs.4000/- per month has been accepted by Insurance Company in its reply, therefore, it was not open for the Insurance Company to turn around and say that there was no agricultural income. Counsel for the respondent submits that the land in-question was an irrigated land, thus, computation of Rs.10,000/- as agricultural income was in accordance with law. 5. Counsel for the respondent submits that there is no question of any contributory negligence as deceased was on the correct side of road while riding his motor-cycle No.RJ-31SA-5468 from Sangaria to Hanumangarh, whereas the truck was being driven rashly and negligently. 6. 5. Counsel for the respondent submits that there is no question of any contributory negligence as deceased was on the correct side of road while riding his motor-cycle No.RJ-31SA-5468 from Sangaria to Hanumangarh, whereas the truck was being driven rashly and negligently. 6. After hearing counsel for the parties this Court is of the opinion that the learned Tribunal has rightly arrived at the conclusion that there is no contributory negligence on the part of motor-cycle rider, however, the main thrust of Insurance Company was on the computation part; as admittedly the respondent has not been able to show even a single document or any strong proof pertaining to ownership or income arising out of agricultural activity. 7. This Court is conscious of the fact that the Insurance Company in its reply has categorically admitted Rs.4000/- per month as agricultural income, thus, while partly allowing the appeal we take the income of deceased as Rs.9,000/- per month from his regular job and Rs.4,000/- per month from agriculture as admitted by the appellant. On arriving at such conclusion, this Court requested both counsels to apply parameters of National Insurance Company Limited Vs. Pranay Sethi, (2017) AIR SC 5157 ) and provide a joint tabulation while taking income assessed as Rs.13,000/- per month (4000 + 9000). The fresh calculation reached and jointly furnished by both the parties is as follows :- Age of the Deceased 42 Multiplier 14 Future Prospects 25% Deduction on count of Personal Expenses Monthly Income of the Deceased (9000 +4000) 13000 Future prospects (25% of 13000) 3250 Monthly Income after adding Future Prospects (13000+3250) 16250 Personal Expenses (1/4th of 16250) 4062.5 After deducting personal expenses (16250-4062.5) 12187.5 Yearly income (12187.5 x 12) 146250 Multiplier of 14 (146250 x 14) 2047500 Add conventional heads 30000 Total Award 20,77500/- The same is in accordance with law. Hence, the appellant-Company shall be liable to pay a total compensation of Rs.20,77,500/- plus interest @ 6% per annum from the date of filing of claim petition. The part-payments earlier made by the Insurance Company shall be excluded and interest shall be calculated from the date when the part payments were made. The impugned award is accordingly modified.