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2020 DIGILAW 33 (JHR)

Manager of National Insurance Company Limited v. Bhuti Devi @ Kumbhakar Bhuti

2020-01-09

B.B.MANGALMURTI

body2020
JUDGMENT : Heard learned counsel for the appellant as well as learned counsels appearing on behalf of the respondent nos.1-4 and respondent nos.5 and 6. 2. Instant appeal has been filed against the Award dated 4th February, 2016 passed in T.M.V. No.40 of 2011 by Sri Ravi Shanker Upadhyay, District Judge-IV-cum-M.A.C.T., Bokaro allowing the claims and awarded a sum of Rs.15,85,000/- with 10% per annum interest from the date of filing till the date of payment after deducting Rs.50,000/- if paid earlier under Section 140 of the M.V. Act. 3. During course of argument learned counsel for the appellant submitted that he is confining his argument only towards the quantum of compensation as the learned Tribunal has assessed more amount towards certain heads which the claimants are not entitled as per the recent judgment of Hon’ble the Supreme Court. The Hon’ble Supreme Court in the cases of National Insurance Company Limited Versus Pranay Sethi and Ors. reported in AIR 2017 (SC) 5157 and Dharampal & Ors. Versus U.P. State Road Transport Corpn. reported in AIR 2008 SC 2312 has held that the rate of interest would depend upon the bank rate prevailing at the relevant time, therefore, the Tribunal has awarded the interest rate much higher to the prevailing bank rate. 4. Also heard learned counsels for the respondent nos.1-4 and 5-6. 5. Perused the Lower Court Records. 6. Considering the above submissions of the parties as well as on perusal of the papers attached with this application it appears that the insurance company is not challenging the income of the claimants and application of multiplier 14, therefore, the item assessed by the Tribunal i.e., Loss of Income to the claimants will remain as it is i.e., Rs.12,60,000/-(Rupees Twelve Lakhs Sixty Thousand) so far as item No.2 appearing in the impugned award at page 13, Loss of consortium is Rs.1,00,000/-(Rupees One Lakh) but in view of the judgment of Hon’ble Supreme Court it should have been only Rs.40,000/-(Rupees Forty Thousand). The item no.3 loss of love and affection has been termed as loss of the estate and the maximum amount could have been awarded as Rs.15,000/-, therefore, the amount of Rs.2 lakhs awarded by the Tribunal is substituted to Rs.15,000/- The item appearing at serial number 4 towards Funeral expenses, the tribunal has awarded Rs.25,000/-(Rupees Twenty Five Thousand) it is also modified in view of Hon’ble Supreme Court’s judgment as Rs.15,000/-, therefore, the calculation of award appearing at page 13 is modified in this manner:- 1. Loss of income to the claimants =Rs.90,000 x14=Rs.12,60,000/- 2. Loss of consortium =Rs.40,000/- 3. Loss of Estate =Rs.15,000/- 4. Funeral expenses =Rs.15,000/ =Rs.15,000/- Total Rs.13,30,000/- 7. Therefore, the total amount of Rs.15,85,000/-(Rupees Fifteen Lakhs Eighty Five Thousand) awarded by the Tribunal is modified to Rs.13,30,000/- (Rupees Thirteen Lakhs Thirty Thousand Only) which will be payable by the National Insurance Company Limited to the claimants. 8. It is further directed that in view of the Honble Supreme Court judgments passed in the cases of National Insurance Company Limited vs. Pranay Sethi and Ors. (supra) and Dharampal & Ors. Versus U.P. State Road Transport Corpn. (supra) the prevailing rate of interest has to be awarded, therefore, the National Insurance Company shall also pay interest on the modified compensation award from the date of filing of the suit till the date of judgment / award at the rate of 6.5% simple interest per annum. 9. It is also directed that if any amount has already been paid to the claimants then that will be adjusted from the modified amount of award as ordered hereinabove. The Insurance Company is directed to pay the revised amount with interest to the claimants within two months from today, otherwise the claimants shall be entitled to get interest from two months thereafter till its payment. 10. Liberty is also granted to appellant to withdraw the statutory amount deposited in this Court. 11. With these modifications indicated hereinabove in the Award dated 4th February, 2016 passed in T.M.V. No.40 of 2011 by Motor Accident Claim Tribunal, Bokaro, instant miscellaneous appeal is allowed. 12. Let a copy of this order be handed over to learned counsel for the appellant for its compliance.