Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 1858 of 2001 Appellant :- Smt. Nirmala Devi And Others Respondent :- New India Assurance Co. Ltd. And Another Counsel for Appellant :- Mohd. Naushad Siddiqui Counsel for Respondent :- Vinay Kumar Khare
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Mohd. Naushad Siddiqui, counsel for the appellant and Ms. Khare, appearing for Vinay Kumar Khare, counsel for the respondent.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 21.8.2001 passed by Motor Accident Claims Tribunal/Ist Additional District Judge, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.No.355of 1999 awarding a sum of Rs.2,88,000/- as compensation with 9% rate of interest.
3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondents have not challenged the liability imposed on them. The only issue to be decided is, the compensation awarded.
4. Learned counsel for the appellant has relied on the decision in Vimal Kanwar and Others Vs. Kishore Dan and Others, 2013 (3) T.A.C. 6 (SC) and has submitted that the Tribunal has considered the income of the deceased to be Rs.3,000/- per month which is unjust and it should have been considered at least Rs.5,857/- per month as the deceased was employed in Field Gun Factory. It is submitted that the Tribunal has not granted any amount towards future loss of income the deceased which is required to be granted in view of the decision in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050. It is further submitted that the multiplier, amount under non-pecuniary heads and interest awarded are on the lower side and require enhancement. It is also submitted that the deduction towards personal expenses of the deceased should be 1/4 as he was survived by five legal heirs.
5. As against this, counsel for the respondent states that the income of the deceased should not be considered to be Rs.5875/- rather it should be Rs.3000/- per month; that the interest awarded by the Tribunal is just and proper and does not call for any intereference.
6. After hearing the learned counsel for the appellant and perusing the judgment and order impugned, this Court feels that the income of the deceased should have been considered to be Rs.5,874/- per month namely Rs.70,488/- per year, to which as the deceased was in the age bracket of 40-50 years and was a salaried person, 30% of the same i.e. Rs.21,150/- (rounded figure) requires to be added as future income of the deceased which would bring the annual figure to Rs.70,488 + 21,150 = 91,638/-. The deduction of towards personal expenses of deceased would be 1/4th as the deceased was survived by five legal heirs. Hence, after deduction of 1/4th, the amount would come to Rs.68,730/- (rounded figure). As the deceased was in the age bracket of 41-45, the applicable multiplier would be 14 and not 10 as granted by the Tribunal 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.70,000/- is granted under the head of non- pecuniary damages in view of the decision in Pranay Sethi (Supra). Hence, the claimants are entitled to a total compensation of Rs.68,730 x 14 + 70,000 = 10,32,220/-.
7. From the total amount awarded hereinabove, 20% is deducted as the deceased has also been held negligent to the tune of 20% in the accident having taken place. Hence, after deduction of 20%, the amount would be Rs.8,25,776/-.
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.
9. No other grounds are urged orally when the matter was heard.
10. 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 by the Insurance Company within 12 weeks from today with interest at the rate of 9% from the date of filing of the claim petition till award and 6% thereafter till the amount is deposited. The amount already deposited be deducted from the amount to be deposited.
Order Date :- 19.12.2019 DKS