National Insurance Company Limited v. Sakal Deo Sharma, S/o Late Ramprit Sharma
2025-03-03
GAUTAM KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : GAUTAM KUMAR CHOUDHARY , J. Despite repeated calls, no body appeared on behalf of the claimants. 1. The appellant- National Insurance Company Limited is in appeal against the judgment and Award of compensation passed by learned District Judge- 1 st - cum Motor Vehicle Accident Claim Tribunal, Bokaro whereby and whereunder compensation of Rs.12,88,640/- along with interest has been awarded under Section 166 of the M.V. Act for the death of Santosh Kumar who happened to be a Bachelor and son of claimant nos.1 and 2 and brother of appellant no.3. 2. The facts are not in much dispute and it is also not disputed that the offending vehicle being Tata 709 bearing Registration No.JH09D - 4935 was under the insurance cover of appellant- National Insurance Company Limited at the relevant time of accident. 3. The instant Misc. Appeal has been preferred mainly on the ground that the learned Tribunal has erred in computing compensation by applying the deduction of 1/3 rd instead of 50% as the deceased was a bachelor, and further compensation of Rs.2 Lakh has been awarded under the conventional head, which is not in accordance with the principle as laid down in the case of National Insurance Company Ltd. vs Pranay Sethi, reported in (2017) 16 SCC 680 . Further penal interest has also been awarded which is also not in accordance with the settled law by the Apex Court. 4. Mr. Z. Ahmed, learned counsel appears on behalf of owner of the offending vehicle (Resp. no.4). The owner of the offending vehicle is a formal party in the appeal as the liability has been fixed upon the appellant- Insurance Company to pay the compensation amount. 5. On perusal of the earlier order dated 12.01.2023, it appears that Mr.Sah, learned counsel had appeared and submitted that no objection certificate has been taken from him and as such, he is no longer representing the claimants. It appears that the respondents/ claimants have lost interest in this case as no fresh vakalatnama has been filed and no gainful purpose will be served by allowing further adjournment in this regard. 6. Law has been settled by the Apex Court that in case of bachelor, 50%deduction is to be made from the annual income of the deceased to compute the annual dependency. Further, a sum of Rs.84,000/- will be admissible so far conventional head is concerned. 7.
6. Law has been settled by the Apex Court that in case of bachelor, 50%deduction is to be made from the annual income of the deceased to compute the annual dependency. Further, a sum of Rs.84,000/- will be admissible so far conventional head is concerned. 7. Under the circumstances, there is merit in the instant Appeal preferred on behalf of the appellant- Insurance Company in so far as the issues raised are concerned. Accordingly, final compensation will work out taking age of the deceased to be 20 years and Rs.60,480/- as Annual income, 50% as personal and living expense and multiplier as 18, as such, the final compensation amount will be as under :- Annual income of the deceased taking Rs. Rs.60,480/- as monthly income + 50% as Future prospect Rs.60,480/- + Rs.60,480/- [50% of Rs.60,480/- as Future prospect] = Rs.90,720/- Annual Dependency after deducting ½ Rs.90,720/-Minus Rs.45,360/- = Rs.45,360/- Multiplier taking 20 years as the age of the deceased at the time of the accident 18 Rs.45,360/-X 18=Rs.8,16,480/- Loss of Estate, Funeral Expenses and Loss of Consortium Rs.84,000/- Rs.84,000/- Total Rs.9,00,480/- 8. The Appellant- Insurance Company is liable to pay the aforesaid compensation amount along with interest at the rate of 6% per annum from the date of filing of the claim application till its realization. The payment shall be made within a month from the date of this order by the Insurance Company to the learned Tribunal and thereafter the Tribunal will disburse the same as per the terms fixed to the claimants within two weeks. 9. It goes without saying that the amount already paid shall be deducted in final compensation amount. 10. The statutory amount, if any, deposited at the time of preferring the instant Misc. Appeal shall be sent to the learned Tribunal so as to adjust/disburse to the claimant(s). Misc. Appeal is accordingly, allowed. Pending I.A(s), if any, stands disposed of.