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2022 DIGILAW 334 (JK)

New India Assurance Co. Ltd. v. Jabeena Begum

2022-07-13

PUNEET GUPTA

body2022
JUDGMENT : Puneet Gupta, J. MA No. 381/2012 1. The appeals arise out of common award passed by the Tribunal and, therefore, are taken up together for disposal. 2. The appellant-Insurance Company has challenged the award dated 03.04.2012 passed by the learned Motor Accidents Claims Tribunal, Jammu in File No. 65/Claim on the grounds mentioned in the appeal. 3. The respondents-claimants have contested the appeal. It is brought to the notice of the court during the course of arguments that appeals 17 in number (CIMA No. 129/2013 and connected appeals) stand decided by this Court vide Judgment dated 28.07.2017. It is submitted by the learned counsel for the respondents-claimants that the grounds raised in the appeal on legal point stands decided by the Judgment dated 28.07.2017 (supra) and has attained finality and, therefore, the present appeal which also arises out of the award passed by the Tribunal in the accident which is the subject matter of the appeal is required to be decided on the same lines. 4. Mr. R.K. Gupta, learned senior counsel appearing for the appellant could not controvert the submissions of the learned counsel for the respondents. The court is of the view that the Judgment passed by this Court vide dated 28.07.2017 (supra) squarely covers the legal issues raised in the present appeal and, therefore, no further discussion is required on those legal points. The legal issues raised in the present appeal stand decided as per the judgment referred above. 5. The learned senior counsel appearing for the appellant has submitted that the compensation awarded by the Tribunal in any case is excessive and not just compensation as is the mandate of the provisions of The Motor Vehicles Act. 6. The perusal of the impugned award reveals that the claimants have been awarded Rs. 33,76,000/- along with interest as mentioned in the award. The Tribunal has also given directions regarding the proportion in which the compensation awarded is to be shared by the claimants. The deceased was an employee of NHPC and was getting salary of Rs. 25,953/- at the time of accident. The salary certificate produced by the claimants has been duly proved. The Tribunal after taking into consideration the principles laid down in Sarla Verma's case ( AIR 2009 SC 3104 ) made addition to the income of the deceased at 30% as future earning. 7. 25,953/- at the time of accident. The salary certificate produced by the claimants has been duly proved. The Tribunal after taking into consideration the principles laid down in Sarla Verma's case ( AIR 2009 SC 3104 ) made addition to the income of the deceased at 30% as future earning. 7. The court finds no reason to interfere with the finding of the Tribunal on this aspect of the case. Similarly, the deduction of 1/5th of income towards personal expenses of the deceased cannot be faulted with keeping in view the number of dependents upon the deceased. The multiplier of 13 applied by the Tribunal is again as per the settled position of law and, therefore, the court is in agreement with the multiplier applied by the Tribunal in the case in hand. The compensation awarded under the heading funeral expenses @ Rs. 5000/-, loss of estate Rs. 10,000/-, loss of consortium to the Respondent No. 1 @ Rs. 10,000/- is definitely not on a higher side and therefore the same is upheld. The compensation awarded by the Tribunal is just compensation and cannot be said to be excessive. Thus, the respondents-claimants are entitled to compensation awarded by the Tribunal along with the interest as granted by the Tribunal with other conditions mentioned therein. 8. Keeping in view the aforementioned discussion, the appeal is held to be without merit and is, accordingly, dismissed. MA No. 363/2011 & MA No. 451/2011. 9. The appellant-Insurance Company and the respondents-claimants have challenged the award dated 15.11.2010 passed by the learned Motor Accidents Claims Tribunal, Jammu in File No. 570/Claim on the grounds mentioned in the appeal. 10. The legal issues raised in the Appeal No. 363/2011 stand decided as per the decision of this court in appeals 17 in number (CIMA No. 129/2013 and connected appeals) vide Judgment dated 28.07.2017 so far as appeal filed by the Insurance Company is concerned. 11. Mr. R.K. Gupta, learned senior counsel appearing for the appellant has submitted that the compensation awarded by the Tribunal in any case is excessive and not just compensation as is the mandate of the provisions of The Motor Vehicles Act. 12. Mr. 11. Mr. R.K. Gupta, learned senior counsel appearing for the appellant has submitted that the compensation awarded by the Tribunal in any case is excessive and not just compensation as is the mandate of the provisions of The Motor Vehicles Act. 12. Mr. Vishnu Gupta, learned counsel appearing for the claimants in the appeals submits that the award passed by the Tribunal is on a lower side and the compensation is required to be enhanced keeping in view the facts and circumstances of the case. 13. The perusal of the impugned award reveals that the claimants have been awarded Rs. 2,30,000/- along with interest as mentioned in the award. The Tribunal has also given directions regarding the proportion in which the compensation award is to be shared by the claimants. 14. The age of the deceased was 9 years and was studying in second standard at the time of the accident. The deceased being child, the yearly income of the deceased can be taken as Rs. 15,000/-. Taking into consideration the future prospects of the deceased, the enhancement of 40% to the earning is required to be taken into consideration. The multiplier of 18 is to be applied keeping in view the age of the deceased and not 15 as considered by the Tribunal. Thus, the compensation under heading loss of future prospects comes to Rs. 3,78,000/-. The claimants are also entitled to compensation under the heading loss of consortium to the tune of Rs. 40,000/- each. The claimants are also entitled to loss of estate to the tune of Rs. 25,000/- and funeral expenses to the tune of Rs. 15,000/-. Thus, the total compensation to which the respondents-claimants are entitled to comes to Rs. 4,98,000/- rounded to Rs. 5 lacs. They shall also be entitled to interest @ 7.5% per annum as awarded by the Tribunal. 15. Keeping in view the aforementioned discussion, the appeal filed by the Insurance Company is held to be without merit and is, accordingly, dismissed. The appeal filed by the respondents-claimants is allowed and the award is amended and the appellants-claimants are held entitled to the aforesaid amount of Rs. 5 lacs along with interest and share as mentioned in the award. 16. The copy of the judgment shall be placed on all the files.