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2019 DIGILAW 2839 (RAJ)

New India Assurance Company Limited v. Harku

2019-11-14

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - Civil Misc. Appeal no.40/1997 has been preferred by the appellant insurance company against the judgment and award dated 20.9.1996 passed by the M.A.C.T., Bhilwara whereas Civil Misc. Appeal No.139/1997 has been filed by the claimants seeking enhancement of the award. 2. Learned counsel for the appellant insurance company submits that the accident had happened because of drunken state of affairs which resulted into quarrel between deceased Mangilal and Baluram and Baluram pushed Mangilal which resulted into his falling on the road and the oncoming truck crushed him resulting into death of Mangilal. Learned counsel for the appellant thus submits that it was not the liability of the insurance company to indemnify the deceased. 3. Learned counsel for the respondents/claimants submits that it is an admitted position that Mangilal did not act in any manner in intoxicated stage, which would result into his death and his death occurred when Baluram pushed him on the road and he got beneath the oncoming truck. Learned counsel for the respondents further submits that the truck could not stop for a distance of 30 feet after accident which facts itself shows that the truck was driven rashly and negligently. 4. After hearing the learned counsel for the parties and perusing the record of the case, this Court is of the opinion that the learned Tribunal is right in arriving at the conclusion that the truck was being driven rashly and negligently because it could not stop for a long distance of 30 feet. However, the drunkened state of affairs which resulted into quarrel between Baluram and deceased Mangilal have been taken to be a contributory factor resulting into the accident, which has been rightly arrived at by the learned Tribunal and hence, 50% contributory negligence has been attributed to the deceased. This finding of the learned Tribunal in the opinion of this Court is a justified conclusion and does not call for any interference. 5. In light of the above, Civil Misc. Appeal no.40/1997 preferred by the appellant insurance company is dismissed. However, while maintaining the 50% contributory negligence, this Court is inclined to grant indulgence to the claimants by recomputing the compensation by applying the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors., (2017) AIR SC 5157 . 6. Appeal no.40/1997 preferred by the appellant insurance company is dismissed. However, while maintaining the 50% contributory negligence, this Court is inclined to grant indulgence to the claimants by recomputing the compensation by applying the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors., (2017) AIR SC 5157 . 6. Accordingly, learned counsel for the parties were asked to jointly submit the calculation afresh in terms of the aforesaid judgment of Pranay Sethi after deduction of 50% contributory negligence, which they have furnished before this Court and the same reads as follows:- Age of the Deceased 45 Multiplier 14 Future Prospects 25% Deduction on count of Personal Expenses 1/4 Monthly Income of the Deceased Rs.1,500/- Monthly Income after adding Future Prospects Rs.1,875/- Monthly Income after deducting Personal Expenses Rs.1,406/- Yearly Income of the deceased Rs.16,872/- Total Income after applying Multiplier Rs.2,36,208/- Other Conventional Heads Rs.70,000/- Total Rs.3,06,208/- Less 50% contributory negligence Rs.1,53,104/- Total Award Rs.1,53,104/- Compensation awarded by Tribunal Rs.65,000/- Enhanced Award Rs.88,104/- 7. With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.88,104/- 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. Civil Misc. Appeal No.139/1997 preferred by the claimants is accordingly disposed of. 9. All pending applications also stand disposed of. 10. Record of the learned Tribunal be send back forthwith.