Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 2336 of 2008 Appellant :- Narendra Kumar Jain and others Respondent :- Rajendra Singh And Others Counsel for Appellant :- S.C.Kesarwani Counsel for Respondent :- Abhishek Ahuja
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the parties and perused the record.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 3.4.2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Etah (hereinafter referred to as 'Tribunal') in M.A.C. No. 489 of 2006 awarding a sum of Rs.4,34,534/- with interest at the rate of 7% as compensation.
3. The accident is not in dispute. The issue of negligence has been decided in favour of the appellants herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is, the quantum.
4. It is submitted by the learned counsel for the appellants that the Tribunal has not granted any amount towards future loss of income the deceased. It is further submitted that the multiplier, amount under non-pecuniary heads and the interest awarded by the Tribunal are on the lower side and require enhancement.
5. The deceased was 58 years of age at the time of accident and was survived by his major sons and daughters who were not dependent on her is the submission of the counsel for New India Assurance Company. The said issue is no longer res integra as it has to be granted to the legal heirs and not the dependents of the deceased. Section 166 of the Motor Vehicles Act, 1988 talks about legal representative and not of dependents.
6. The deceased was an Assistant Teacher. Her income namely Rs.12,225 x 12 = 1,46,700/- has been rightly assessed by the Tribunal and is also just and proper. The loss of future income has not been granted which, as the deceased was 58 years and was in permanent job, would be 15% of the income namely Rs. 22,000/- (rounded up) and requires to be added in view of the decision of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050. The applicable multiplier would be 9 and not 4 in view of the decision of the Apex Court in Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. In addition to that, Rs.40,000/- is granted towards non pecuniary damages over and above the amount awarded by the Tribunal under this head as per the decision in Pranay Sethi (Supra). The deduction of 1/3rd towards the personal expenses of the deceased is just and proper. Now, the annual datum figure available to the family would be Rs. 1,46,000 + 22,000 = 1,68,700/- and after deduction of 1/3rd it would be Rs.1,12,470/- (rounded figure).
7. Hence, the claimants are entitled to a total sum of Rs. 1,12,470 x 9 + 40,000 = 10,52,230/-.
8. The rate of interest will have to be 9% in view of the judgment of the Division Bench of Lucknow Bench in F.A.F.O. No. 199 of 2017 (National Insurance Company Limited Vs. Lavkush and another) decided on 21.3.2017 which has been followed by this Court time and again and which will enure for the benefit of the appellants.
9. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited with interest at the rate of 9% from the date of filing of the claim petition till the amount is deposited. The amount be deposited within a period of 12 weeks from today. The amount already deposited be deducted from the amount to be deposited.
10. Record and proceedings be sent back to the Tribunal forthwith.
Order Date :- 26.7.2019 DKS