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2021 DIGILAW 1878 (RAJ)

Dai Bai v. Ramson

2021-09-29

VINIT KUMAR MATHUR

body2021
ORDER : Vinit Kumar Mathur, J. 1. The case is listed in the "orders category", however, with the consent of the learned counsel for the parties, the matter is being heard and decided finally. 2. At the request of the learned counsel for the appellants, service upon respondents No. 1 is dispensed with at his own risk and cost. 3. The present appeal has been preferred by the claimants-appellants against the judgment and award dated 30.07.2016 passed by the Motor Accident Claims Tribunal, Dungarpur in Motor Accident Claim Case No. 125/2015, whereby the learned Tribunal after framing of the issues, evaluating the evidence and hearing learned counsel for the parties awarded a sum of Rs. 8,76,176/- in favour of the claimants on account of death of one Arvind in an accident which occurred on 27.10.2014. 4. Learned counsel for the appellants submits that the factors taken into consideration by the learned Tribunal for computation of the award does not require any interference. However, he submits that no amount towards loss of future prospects has been awarded to the claimants-appellants in the light of the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in (2017) SC 5157, and the same is, therefore, required to be awarded in the present case. 5. Learned counsel for the respondent-Insurance Company while supporting the judgment and award dated 30.07.2016 submits that the amount awarded by the Tribunal in favour of the claimants is a "just compensation" and therefore, the impugned award does not call for any interference by this Court. Learned counsel for the respondent Insurance Company however, is not in a position to rebut the arguments of the learned counsel for the appellants towards loss of future prospects and he therefore, fairly submits that appellants-claimants are entitled to get the amount towards loss of future prospects in the light of the judgment of Hon'ble the Supreme Court in the case of Pranay Sethi (supra). 6. I have considered the submissions made at the Bar and gone through the impugned award and other relevant record of the case. 7. A close reading of the impugned award shows that the factors taken into consideration for computation of the amount of compensation in the present case appears to be just and proper, and therefore, same does not call for any interference. 7. A close reading of the impugned award shows that the factors taken into consideration for computation of the amount of compensation in the present case appears to be just and proper, and therefore, same does not call for any interference. However, it is noted that no amount towards loss of future prospects in the light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra) has been awarded, thus same is required to be taken into consideration while calculating the award. Thus, in the considered opinion of this Court, the amount awarded is required to be recomputed in the light of the judgment of Hon'ble the Supreme Court in the case of Pranay Sethi (Supra). The same is recomputed as under :- For future prospects 40% of Rs.4914 (Income of deceased) Rs.1966- per month Add: 4914/- + Rs.1966/- Rs. 6880/- Amount to be deducted as spent on himself. 1/4 th Rs. 6880-1720 = Rs.5160/- 8. The age of deceased at the time of accident was 24 years, therefore, a multiplier of 18 would be applied. (I) Compensation due to death Rs.5160 x 12 x 18 Rs. 11,14,560/- Total Rs.11,14,560 Amount awarded by the Tribunal (less other conventional heads of Rs.80,000) Rs. 7,96,176/- Enhanced amount Rs. 3,18,384/- 9. In view of the discussions made above, the appeal is allowed and the Insurance Company is directed to pay an enhanced amount of Rs.3,18,384/- to the claimants in addition to the amount already awarded by the Tribunal vide judgment dated 30.07.2016 within a period of six weeks from today. The enhanced amount shall carry an interest @ 6% from the date of filing of the claim petition before the Tribunal till the same is paid.