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2021 DIGILAW 217 (RAJ)

Meena Kunwar v. Bhanwar Lal Godara

2021-01-27

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The matter comes up in the order's category. 2. Learned counsel for the appellants prays for dispensing with the service of notice upon the respondent No.2. 3. At the risk and cost of learned counsel for the appellants, service of notice upon the respondent No.2 is dispensed with. 4. The present appeal has been preferred by the appellants against the judgment and award dated 16/06/2006 passed by Motor Accident Claims Tribunal (Additional District and Sessions Judge, Fast Track No.6), Udaipur in Claim Case No. 864/2005(804/04). Vide said judgment and award dated 16/06/2006, an amount of Rs., 7,15,000/- was awarded in favour of the appellants by the Tribunal. 5. Brief facts in narrow compass are that on 27/03/2004 Narayan Singh was going from Udaipur to Haldighati on a motor cycle bearing registration No. TN-34-B-7475 along with his friend. When he reached near Dakan Kotda then a Jeep bearing registration No. RJ-27-1C-5565, which was driven rashly and negligently by its driver, hit his motor cycle. Due to said accident, he died on spot. A claim petition was filed by the appellants before learned Tribunal. Learned Tribunal, after analyzing the evidence adduced by the parties and perused the material available on record, has awarded a sum of Rs. 7,15,000/- in favour of the appellants. Hence, the present appeal has been preferred by the appellants for enhancement of the award passed by learned Tribunal. 6. Learned counsel for the appellants submits that while computing the award, learned Tribunal has not awarded the amount towards future prospects in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, (2017) 16 SCC 680 . 7. Therefore, a sum of Rs.4,47,420/- is required to be enhanced in this case. He further submits that there are six dependents in the family of claimants and, therefore, deduction of 1/4 was required to be made, whereas the Tribunal fell in error while deducting the same as 1/3. He lastly submits that the deceased was 27 years of age and, therefore, the multiplier of 17 is required to be employed instead of 18 in view of the judgment of Hon'ble Supreme Court in the case of Sarla Verma & Ors. vs. DTC & Ors., (2009) 6 SCC 12. 8. He lastly submits that the deceased was 27 years of age and, therefore, the multiplier of 17 is required to be employed instead of 18 in view of the judgment of Hon'ble Supreme Court in the case of Sarla Verma & Ors. vs. DTC & Ors., (2009) 6 SCC 12. 8. Per contra, learned counsel for the respondent/Insurance Company submits that the computation done by learned Tribunal was absolutely in accordance with the provisions of law prevailing at the time when the case was decided. He further submits the Tribunal has computed the amount on the basis of the evidence adduced before it and, therefore, the award does not call for any interference by this Court. He, however, fairly submits that in the light of the judgment of Hon'ble Supreme Court in the case of Sarla Verma & Ors. vs. DTC & Ors & National Insurance Company Ltd. vs. Pranay Sethi, the computation is required to be recomputed in the present case. 9. Considering the submissions made at the bar, the award dated 16/06/2006 passed by learned Tribunal is required to be recomputed in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi as under:- For future prospects: 50% of Rs. 4760/- (Income of deceased) Rs. 2380/- Rs. 4760/- + Rs. 2380/- Rs. 7140/- Amount to be deducted as spent on himself Rs. 7140/- / 1/4 = Rs. 1785/- Dependence Amount Rs. 7140 - Rs. 1785 = Rs. 5355/- The age of deceased was 27 years and therefore, a multiplier of 17 will be used: (I) Compensation due to death 5355 x 12 x 17 Rs. 10,92,420/- (II) Loss of Consortium Rs. 70,000/- Total Rs. 11,62,420/- Amount awarded by the Tribunal vide award dated 16.06.2006 Rs. 7,15,000/- Enhanced amount Rs. 4,47,420/- 10. In view of the discussions made above, an amount of Rs. 4,47,420/- (Rupees : Four Lakh Forty Seven Thousand Four Hundred Twenty Only) is enhanced in addition to the amount already awarded by learned Tribunal vide its judgment and award dated 16/06/2006. The Insurance Company shall pay the enhanced amount within a period of six weeks from today. The same shall carry interest @ 6% per annum till the same is paid. 11. The appeal stands disposed of in above terms.