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2025 DIGILAW 147 (JHR)

Universal Sompo General Insurance Co. Ltd. v. Saraswati Devi, W/o Late Mahadeo Pal

2025-01-22

GAUTAM KUMAR CHOUDHARY

body2025
ORDER : Gautam Kumar Choudhary, J. 1. The Insurance Company is an appeal before this Court against the judgment dated 16.09.2015 passed in Motor Accident Claim Case No. 18/2011, whereby and whereunder, a compensation of Rs. 10,10,000/- with simple interest @ 12% per annum w.e.f. 10.09.2011 till actual payment within 45 days from the date of order has been allowed. It is further ordered that if the payment was not made within the stipulated time, a penal interest @ 18% per annum will be realized. 2. Mr. Alok Lal, learned counsel appearing on behalf of the Insurance Company, has confined his argument mainly on the quantum of compensation awarded by the learned Tribunal. 3. It is submitted by the learned counsel that although there are four claimants but claimant No.4 Sanoka Bala Dasi has specifically stated in para-3 of the written statement separately filed by her that she was not dependent on the deceased who happens to be her son. Therefore, she cannot be said to be the dependent of the deceased. In this view of the matter, learned Tribunal erred in applying 1/4 th as living expenses of the deceased which should have been 1/3 rd .Dependency in any claim case is computed on the basis of the legal dependents of the deceased in view of the ratio laid down in Sarla Verma (Smt.) & Ors Vs. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121 and followed in National Insurance Company Limited Vs. Pranay Sethi & Ors.; (2017) JLJR SC 275 where the number of dependents is three. 4. It is further argued that as per the ratio laid down by Hon’ble Supreme Court in Dharampal and others Versus U.P. State Road Transport Corporation { (2008) 12 SCC 208 }, the admissible interest on the compensation amount can be 7.5% from the date of claim application, but in the present case interest @ of 12% has been awarded on the compensation amount. Further there is no provision of penal interest as awarded. 5. Even under conventional head, a total sum of Rs. 4,25,000/- has been awarded without giving any break up and justification for the said amount. 6. Mr. Further there is no provision of penal interest as awarded. 5. Even under conventional head, a total sum of Rs. 4,25,000/- has been awarded without giving any break up and justification for the said amount. 6. Mr. Ashutosh Anand, learned counsel appearing on behalf of the claimants, fairly admits that the award of compensation under conventional head is not as per the ratio laid down by Hon’ble Supreme Court in the case of Pranay Sethi & Ors. (supra). It is, however, submitted that it can be offset in view of the fact that no compensation has been computed with regard to the future prospect of earning. 7. Having considered the submissions advanced on behalf of both sides, taking the monthly income of Rs. 5,000/- per month and age of 50 years of the deceased and 1/ 3 rd as the living expenses, the final compensation amount as per ratio laid down by the Hon’ble Apex Court in the case of Pranay Sethi & Ors. (supra) will be as under: Monthly Income Rs.5,000 Annual Income 12 x Rs.5,000 Rs. 60,000 Future Prospect 25% (age 50 years) Rs.15,000 Total Rs.75,000 On deduction by 1/ 3rd for the living expense of the deceased, annual dependency shall work out to Rs.50,000 Multiplier of Rs.50,000 x 13 Rs.6,50,000/- Conventional Head Rs.70,000 Total Rs.7,20,000/- The claimants shall, therefore, be entitled to compensation of Rs.7,20,000/- with interest at the rate of 7.5% per annum on the compensation amount from the date of filing of claim application from the Insurance Company till the date of payment. Payment shall be made within two weeks of the order before the learned Tribunal and the same shall be disbursed to the respective claimants on proper identification as per the terms of disbursement decided by the Tribunal. This Misc. Appeal is, accordingly, allowed. The statutory amount, which was deposited before this Court at the time of filing of this appeal, shall be remitted to the Tribunal for disbursement to the claimants, which will be adjusted against the compensation amount. Pending I.A., if any, stands disposed of.