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2019 DIGILAW 2696 (RAJ)

National Insurance Company Lmited v. Neelam

2019-10-17

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - Appellant/ Non-applicant No.3 has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 claiming the following relief :- "It is, therefore, most respectfully prayed that during the pendency of the appeal, execution and operation of the impugned judgment and award dated 08.12.2000 passed by the learned Judge, MACT, Hanumangarh in MACT Claim No.241/97 Smt. Neelam & Ors. Vs. Lalit Kumar & Ors may kindly be stayed. Any other interim order which may be deemed just and proper in the circumstances of the case may also be passed in favour of the appellant company. " 2. Cross-Objection has been preferred by appellant/crossobjector claiming the following relief :- "It is, therefore, prayed that the Cross Objections of the appellants may kindly be allowed and accepted and claim may kindly be enhanced to the tune of Rs.1,16,60,000/-" 3. One issue for common consideration was pertaining to the license which already stands resolved by the precedent law laid down by Hon'ble Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Limited,2017 AIR (SC) 3668 , and thus, stands answered in favour of the respondents-claimants. The second issue raised by the Insurance Company and respondents-claimants is with regard to the compensation to be awarded. 4. Regarding the second issue, this Court deems it appropriate to direct the learned counsel for the parties to submit joint computation of the compensation as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors.,2017 AIR SC 5157 , while adhering to such guidelines. The wage of the deceased shall be taken as per the last income-tax return submitted before his death i.e. Rs.1,46,000/- with Rs.32,400/- tax liability. Learned counsel for the parties accordingly furnished the joint re-computation of the compensation as per the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra) while taking the annual income of the deceased as Rs.1,13,600/-. The re-computation reads as follows:- Age of the Deceased 31 Multiplier 16 Future Prospects 40% Deduction on count of Personal Expenses 1/4 Yearly Income of the Deceased 1,13,600 Yearly Income after adding Future Prospects 1,59,040 Yearly Income after deducting Personal Expenses 1,19,280 Total Income after applying Multiplier 19,08,480 Other Conventional Heads 70,000/- Total Compensation 19,78,480 Compensation awarded by Tribunal 24,47,000 5. Thus, compensation of Rs.24,47,000/- awarded by the learned Tribunal is substituted by Rs.19,78,480 which, after necessary adjustment, shall be payable along with interest @ 9% per annum from the date of filing of claim petition till actual payment is made, as the interest stipulated in the impugned award is 12% per annum. 6. Consequently, the appeal preferred by the Insurance Company is allowed to the aforesaid extent. The cross-objection of the claimants is dismissed, as indicated above.