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Rajasthan High Court · body

2019 DIGILAW 2874 (RAJ)

Oriental Insurance Co Ltd. v. Meera

2019-11-20

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - The appellant insurance company has preferred Civil Misc. Appeal No.621/2003 challenging the impugned judgment and award dated 18.12.2002 passed by Motor Accident Claims Tribunal, Churu whereas the claimants have filed Civil Misc. Appeal No.393/2004 seeking enhancement of the compensation awarded vide aforesaid judgment. 2. The unfortunate accident happened on 6.7.1999 when deceased Gopiram and Partu Ram were going on in a jeep no.HR20E/2786. 3. Learned counsel for the appellant insurance company submits that the FIR was lodged by Partu Ram stating that they had paid Rs.100/- for travelling in the jeep. He has drawn attention of this Court to the statement of I.O. whereby he has stood by the version given in the FIR by Partu Ram to the effect that the vehicle was being used for hire and reward. He thus, submits that since the jeep was comprehensively insured for private vehicle, using the same for hire and reward have resulted in fundamental breach of policy conditions and thus, the insurance company was not liable to indemnify the compensation. 4. Learned counsel for the claimants submits that the statements of Partu Ram who was the eye witness and sitting in the jeep are very clear that Partu Ram and deceased Gopiram were not travelling in the jeep as hire and reward passengers but were simply travelling in the jeep. He also submits that it is a fit case where the factual matrix arrived at by the learned Tribunal should be recomputed 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 . 5. After hearing the learned counsel for the parties and after perusing the record, this Court is of the opinion that the eye witnesses including Partu Ram are consistent in their statements that the vehicle was being used for private purposes and thus, the learned Tribunal has rightly arrived at the finding that the insurance company was liable to indemnify the private vehicle. The statements relied upon by the learned Tribunal cannot be disbelieved only on account of the version of FIR. Thus, no interference is called for in the impugned judgment. Thus, the Civil Misc. Appeal No.621/2003 preferred by the insurance company is hereby dismissed. 6. Civil Misc. The statements relied upon by the learned Tribunal cannot be disbelieved only on account of the version of FIR. Thus, no interference is called for in the impugned judgment. Thus, the Civil Misc. Appeal No.621/2003 preferred by the insurance company is hereby dismissed. 6. Civil Misc. Appeal No.393/2004 preferred by the claimants is allowed to the limited extent of applying the guidelines laid down by the Hon ble Supreme Court in Pranay Sethi s case while adhering to the admitted factual matrix arrived at by the learned Tribunal. 7. In light of the above, learned counsel for the parties were directed to jointly redetermine the computation of compensation by applying the aforesaid judgment which they have submitted in terms of the aforesaid judgment before this Court and the same reads as follows:- Age of the Deceased 35 Multiplier 16 Future Prospects 40% Deduction on count of Personal Expenses 1/4 Monthly Income of the Deceased Rs.1,800/- Monthly Income after adding Future Prospects Rs.2,520/- Monthly Income after deducting Personal Expenses Rs.1,890/- Yearly Income of the deceased Rs.22,680/- Total Income after applying Multiplier Rs.3,62,880/- Other Conventional Heads Rs.70,000/- Total Compensation Rs.4,32,880/- Compensation awarded by Tribunal Rs.2,79,000/- Enhanced Compensation. Rs.1,53,880/- 8. Thus, in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.1,53,880/- 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. 9. All pending applications also stand disposed of. 10. Record be send back forthwith.