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2024 DIGILAW 753 (RAJ)

Saroj Devi v. New India Insurance Company Ltd.

2024-05-07

NARENDRA SINGH DHADDHA

body2024
JUDGMENT : Narendra Singh Dhaddha, J. 1. The present appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dated 23.08.2022 passed by the Motor Accident Claims Tribunal, Shrimadhopur, District Sikar (for short The Tribunal') in Case No. 28/2018, whereby the Tribunal has awarded a sum of Rs. 75,82,718/- along with interest @ 6% per annum from the date of filing the claim petition as compensation in favour of the claimants. 2. Learned counsel for the claimants submits that the Tribunal had committed error in deducting the amount of Rs. 5,00,000/-received by the claimants as Central Benevolent Fund and Rs. 5,00,000/- as PMSP (Accidental Insurance). Learned counsel for the claimants also submits that the Tribunal had also committed error in awarding the amount of Rs. 16,600/- towards loss of consortium and love & affection, whereas it should be Rs. 40,000/- for each claimant. So, judgment and award of the Tribunal be modified accordingly. 3. Learned counsel for the claimants has placed reliance upon the judgment of Hon'ble Apex Court in the case of Sebastiani Lakra & Ors. v. National Insurance Company Limited reported in (2019) 17 SCC 465 . 4. Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimants and submits that the Tribunal rightly deducted Rs. 10,00,000/- from impugned award because these amounts were received by the claimants as deceased died due to accident and his LRs received the said amount from Central Benevolent Fund and PMSP (Accidental Insurance). So, appeal be dismissed. 5. Learned counsel for the Insurance Company has placed reliance upon the judgment of Hon'ble Apex Court in the case of Krishna & Ors. v. Tek Chand & Ors. in Special Leave Petition (C) No. 5044/2019 decided on 05.02.2024. 6. I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the Insurance Company. 7. It is an admitted position that the Tribunal had deducted Rs. 5,00,000/- received by the claimants on account of Central Benevolent Fund and Rs. 5,00,000/- from PMSP (Accidental Insurance). In my considered opinion, the amount received by the claimants on account of Central Benevolent Fund had no direct nexus to the accident. So, in my considered opinion, the Tribunal wrongly deducted the amount of Rs. 5,00,000/- from the award amount. 5,00,000/- received by the claimants on account of Central Benevolent Fund and Rs. 5,00,000/- from PMSP (Accidental Insurance). In my considered opinion, the amount received by the claimants on account of Central Benevolent Fund had no direct nexus to the accident. So, in my considered opinion, the Tribunal wrongly deducted the amount of Rs. 5,00,000/- from the award amount. The Tribunal had also granted very meagre amount of Rs. 16,600/- towards love & affection, whereas it should be Rs. 40,000/- for each claimant. So, the judgment of the Tribunal is modified to the extent as under: Annual Income after deduction of tax Rs. 3,93,899/- Since the deceased was in permanent job and was of 28 years of age. Add 50% Future Prospects Rs. 3,93,899X50% = 1,96,949.5/-(3,93,899 + 1,96,949 = 5,90,848.5) According to the age of the deceased i.e. 28 years, Multiplier 17 to be applied 5,90,848.5X17 = 1,00,44,424/- As per dependency, 1/4 of the amount of deceased's income to be deducted for personal expenses(-) Rs. 1,00,44,424X1/4=25,11,106 (1,00,44,424-25,11,106 = 75,33,318/- Loss of consortium and love and affection to claimants (40,000 X 4) Rs. 1,60,000/- Funeral expenses Rs. 16,400/- Loss of Estate Rs. 16,400/- Central Benevolent Fund Rs. 5,00,000/- Total Rs. 82,26,118/- Less amount awarded by the Tribunal Rs. 75,82,718/- Enhanced Amount of compensation Rs. 82,26,118-Rs. 75,82,718= Rs. 6,43,400/- 8. The claimants are entitled to get a further sum of Rs. 6,43,400/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs. 6,43,400/-(Rs. 82,26,118-Rs. 75,82,718) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants shall be entitled to withdraw the same. The enhanced amount shall carry @ 6% interest per annum from the date of filing of claim petition till the actual payment is made. 9. In the result, appeal filed by the claimants is partly allowed. Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly. 10. Pending application(s), if any, also stand(s) disposed of.