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2019 DIGILAW 2750 (RAJ)

United India Ins Co Ltd v. Anupama Gupta

2019-10-23

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - Appellant has preferred these appeals under Section 173 of the Motor Vehicles Act, 1988 claiming, in sum and substance, the following reliefs :- "In view of the aforesaid submission, it is therefore, prayed that the present appeal may kindly be allowed and the judgment and award dated 11.10.2004 may kindly be declared illegal and be set aside and it may be declared the appellant insurance company is not responsible for any payment of compensation to the claimant of the deceased Late Shri Sarvesh Gupta." 2. The present appeals arise out of a common unfortunate accident which happened on 21.06.2000 when the car bearing registration No.RJ 19C 0565 belonging to the Firm was going from Jodhpur to Jaipur and at that time, it collided with Truck bearing registration No.RJ 02 G 4403 which was being driven rashly and negligently, resulting into death of Gautam Chand, Sarvesh Gupta and driver Gopal Singh. 3. In all these appeals, Mr. Manoj Bhandari learned counsel alongwith Mr. Mohit Surana and Ms. Saloni Bhandari are representing the Insurance Company; Mr. Anil Bhandari learned counsel is representing the claimants and; Mr. RJ Poonia learned counsel is representing the driver. 4. The minor factual issues have been raised by the claimants regarding the loss of car in the case of Smt. Shobha Kumbhat but this Court is not inclined to make any interference in respect of the said issue.. 5. Learned counsel for the Insurance Company has raised the issue of deduction of income-tax from the computation of the wages in the matter of Smt. Shobha Kumbhat which is a lawful proposition and has to be accepted. 6. This Court while hearing the appeals, directed both the parties to submit a joint computation afresh while adhering to the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 . This Court also directed that while submitting such joint computation, the parties shall be required to take the actual dependents into account for deducting the proportionate expenses of the deceased. The joint re-computation, as furnished by both the parties before this Court in the present appeals, reads as under :- S.B. Civil Misc. This Court also directed that while submitting such joint computation, the parties shall be required to take the actual dependents into account for deducting the proportionate expenses of the deceased. The joint re-computation, as furnished by both the parties before this Court in the present appeals, reads as under :- S.B. Civil Misc. Appeal No. 526/2005 Age of the Deceased 36 Multiplier 15 Future Prospects 50% Deduction on count of Personal Expenses 1/4 Yearly Income of the Deceased (Annual income income Tax) (1,69,476-5,540) 1,63,936/- Yearly Income after adding Future Prospects 2,45,904/- Yearly Income after deducting Personal Expenses 1,84,428/- Total Income after applying Multiplier 27,66,420/- Other Conventional Heads 70,000/- Total Award 28,36,420/- 28,36,420/- Compensation awarded by Tribunal 17,40,000/- Enhanced Compensation. Rs.10,96,420/- S.B. Civil Misc. Appeal No. 528/2005 Age of the Deceased 46 Multiplier 13 Future Prospects 25% Deduction on count of Personal Expenses 1/4 Yearly Income of the Deceased (Annual income income Tax) (3,75,268-68,695) 3,06,573/- Yearly Income after adding Future Prospects 3,83,216/- Yearly Income after deducting Personal Expenses 2,87,412.18/- Total Income after applying Multiplier 37,36,358.34/- Other Conventional Heads 70,000/- Total Award 38,06,358.34/- Compensation awarded by Tribunal 32,85,000/- Enhanced Compensation. Rs.5,21,358.34/- S.B. Civil Misc. Appeal No. 527/2005 Age of the Deceased 34 Multiplier 16 Future Prospects 50% Deduction on count of Personal Expenses 1/4 Monthly Income of the Deceased 6,000/- Monthly Income after adding Future Prospects 9,000/- Monthly Income after deducting Personal Expenses 6,750/- Yearly income of the deceased 81,000 Total Income after applying Multiplier 12,96,000 Other Conventional Heads 70,000/- Total Award 13,66,000 Compensation awarded by Tribunal 6,50,000 Enhanced Compensation. Rs.7,16,000/- It is made clear that while making these computations, the direction of this Court for deducting the income tax has been complied in the matter of Smt. Shobha Kumbhat. 7. In light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.10,96,420/- (Appeal NO.526/2005) Rs.5,21,358.34/- (Appeal No.528/2005) Rs.7,16,000/- (Appeal No.527/2005), is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. 8. The appeals are accordingly disposed of. All pending applications also stand disposed of. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. 8. The appeals are accordingly disposed of. All pending applications also stand disposed of. The record of the learned Tribunal be sent back forthwith.