Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 814 of 1988 Appellant :- New India Insurance Crp.
Respondent :- Nanak Chand Counsel for Appellant :- R.J. Verma,Shri Prakash Lal Counsel for Respondent :- Rajendra Kumar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri S.P. Lal, learned counsel for appellant and perused the material brought on record.
By way of this appeal, the appellant insurance company has brought into challenge the judgment and award dated 31.05.1988 passed by Motor Accident Claims Tribunal/VIth Additional District Judge, Bareilly in M.A.C.P. No. 90 of 1986 whereby awarding a sum of Rs.1,28,640/- awarded by the claims tribunal with 12% per annum rate of interest.
The deceased who was son of respondent Nos. 1 and 2 and other respondents are brothers and sisters of the deceased. As far as the accident is concerned, there is no dispute. The policy being invoked and the insurance company being liable is not in dispute, the insurance company is now disputing for the quantum. The claimants had claimed a sum of Rs.2,00,000 for the death of Mahesh Pal who was 16 years of age at the time of the accident. He was earning by doing agricultural work, tuition work or as mechanic. He was a student and passed his VIII class in Ist Division. He was young boy of 16 years. It is submitted that the tribunal could not have considered his income to be Rs.40/- per day in the year of accident and deducted 33% for his personal expenses and deducted Rs.264/- granted Rs.6,432/- per year and that is how the multiplier of 20 was applied.
None appears for the respondent, though the matter is called out in revised. I have heard Sri S.P. Lal, learned counsel for appellant at one stage, the tribunal holds that the deceased was a young boy of 16 years. The income in the year of accident, namely, Rs.984/- should be considered to be Rs.1500/-. However, the tribunal even in those days did not show that amount under the head of future loss of income which it was suppose to be at that to be 40% was granted. The deduction would be 1/2 as he was an unmarried bachelor, namely, Rs.500 + 40% (200)= 700. Therefore, the family would be entitled to Rs.350 x 12 x 18 = Rs.75,600/- even for those days the court were granted what was known as filial consortium to the parents. Hence, Rs.25,000/- under the said head should have been granted which have not been granted which would comes to Rs.75,600 + 25,000 = Rs.1,00,600/-. As far as the rate of interest is concerned, it was normally 12% for those days. However, as per the judgments of this Court it would be 9% from the date of accident.
This Court while admitting this appeal has granted said and the insurance company was directed to deposited Rs.30,000 only.
The appeal is partly allowed. No order as to costs.
The remaining amount be deposited with the tribunal within 12 weeks from today.
This Court is really thankful to Sri S.P. Lal, learned counsel for appellant for getting the matter of 21 years old disposed of.
Order Date :- 31.7.2019 Shubhankar