Anuradha L W/o Late N Vishwanath v. National Insurance Company Ltd
2020-01-20
ALOK ARADHE, RAVI V.HOSMANI
body2020
DigiLaw.ai
JUDGMENT : Sri S.G. Nataraju, learned counsel for the appellants. Sri. A.N. Krishna Swamy, learned counsel for respondent No.1. 2. In these appeals, MFA No.9026/2013 has been filed by the claimant in MVC No.2130/2011 being aggrieved by the judgment and award dated 21.6.2013 passed by the Motor Accident Claims Tribunal (hereinafter referred to as “Claims Tribunal”), whereas MFA No.9399/2013 has been filed by the insurance company being aggrieved by the judgment dated 21.6.2013 passed by the Claims Tribunal. 3. Since both the appeals arise out of the same accident, they were heard together and are being decided by this common judgment. 4. The facts giving rise to filing of these appeals briefly stated are that on 07.04.2011 when the deceased viz., N Vishwanath along with claimant in MVC No.2421/2011 was riding the motorcycle bearing registration No.KA02EN4810, a Maruthi Car bearing registration No.KA41N1566 dashed against the motorcycle which was being driven in a rash and negligent manner by its driver. Due to the aforesaid accident, the claimant in MVC No.2130/2011 viz., N Vishwanath expired, whereas the claimant in MVC No.2421/2011 sustained injuries. 5. The legal representatives of the deceased N Vishwanath filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation. The claim for compensation was interalia based on the ground that at the time of accident, the deceased was aged about 35 years and was an employee in Tata Consultancy Services Bangalore and was drawing a salary of Rs.9,00,000/per annum. Accordingly, the compensation was claimed. 6. After service of summons respondent No.2 did not appear and was placed exparte. Respondent No.1 appeared through the counsel, filed written statement, in which interaliait was pleaded that the driver of the vehicle did not possess valid driving licence on the date of the accident and the owner had violated the policy conditions. Therefore, the insurance company is not liable to indemnify the insured. It was also pleaded that the claim made by the claimants is excessive and exorbitant. 7. The Claims Tribunal on the basis of the pleading of the parties framed issues and thereafter recorded evidence of the parties. The Claims Tribunal vide impugned judgment interalia held that the deceased N Vishwanath died in the accident and the dependants of the deceased are entitled to a sum of Rs.59,83,968/by way of compensation. In the aforesaid factual back ground these appeals have been filed. 8.
The Claims Tribunal vide impugned judgment interalia held that the deceased N Vishwanath died in the accident and the dependants of the deceased are entitled to a sum of Rs.59,83,968/by way of compensation. In the aforesaid factual back ground these appeals have been filed. 8. Learned counsel for the claimants submitted that the future prospects of the deceased ought to have been taken at 40% and therefore, the dependency ought to have been determined at Rs.33,226/p.m. 9. On the other hand, learned counsel for the insurance company has submitted that the tribunal erred in adopting the multiplier of ‘16’ and taken into account the age of the deceased, which was 35 years at the time of the accident, multiplier of ‘15’ ought to have been adopted. 10. We have considered these submissions made on both sides. Admittedly, the income of the deceased was Rs.35,600/per month. In view of the law laid down by the Hon’ble Supreme Court in the case of National Insurance Company Vs. Pranya Sethi, AIR 2017 5157, 40% has to be added to the income of the deceased. Thus, monthly income of the deceased comes to Rs.49,840/and if 1/3rd amount is deducted towards personal expenses, monthly dependency of the claimants comes to Rs.33,226/. Taking into account the age of the deceased which was 35 years at the time of the accident, if multiplier ‘15’ is added, the claimants are entitled to a sum of Rs.59,80,800/on account of loss of dependency. In view of the law laid down in the case of ‘Pranay Sethi’ supra the claimants are entitled to a further sum of Rs.70,000/on the other conventional heads. Thus, the total amount of compensation comes to Rs.60,50,800/. The amount of compensation i.e., Rs.60,80,800/which carry interest at the rate of 6% per annum from the date of the accident till the payment is made. To the aforesaid extent, award passed by the Claims Tribunal in MVC No.2130/2011 is modified. The amount deposited by the insurance company shall be transmitted to the Claims Tribunal for disbursement to the claimants. Accordingly, the appeals are disposed of.