Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 1144 of 1999
Appellant :- Smt. Prabhawati Devi And Others
Respondent :- National Insurance Compny And Others Counsel for Appellant :- S.K. Chaubey,A.N. Singh,S.K. Rai Counsel for Respondent :- I.S.Tomar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Sri I.S. Tomar, learned counsel for respondents has remained absent. He was not present even on 9.07.2019 and 16.07.2019.
I have no other option but to hear the counsel for the appellant.
This appeal, at the behest of the claimants, challenges the judgment and award dated 30.03.1999 passed by Motor Accident Claims Tribunal/Ist Additional District Judge, Mau (hereinafter referred to as 'Tribunal') in Claim Petition No.74 of 1994 awarding a sum of Rs.1,66,520/- with interest at the rate of 12%.
The accident is not in dispute. The issue of negligence is decided in favour of the appellant herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is the quantum.
It is submitted that the deceased being 48 years of age at the time of accident, the multiplier of 10 granted by the Tribunal requires to be enhanced.
After hearing the learned counsels for the parties and perusing the judgment and order impugned, this Court feels that income of the deceased was Rs.3,290/- he was an Assistant Teacher and the tribunal has not granted any amount under the head of future loss of income, namely, Rs.39,480/- per year to which as the deceased was 48 years of age, 25% of the income requires to be added in view of the decision in National Insurance Company Limited Vs. Pranay Setthi and others, S.L.P. (Civil) No. 25590 of 2014, decided on 31.10.2017 which would come to Rs.39480 + 9870 = 49,350/-. The tribunal has not granted any amount under the head of non pecuniary damages. As it is matter of 1994 and he was survived by three minor children, his widow and the major sons, 1/4th to be deducted as personal expenses of the deceased and, hence, the annual datum figure available to the family is Rs.37,012/- rounded up to Rs.37,000/-. As the deceased was in the age bracket of 46-50 years, the applicable multiplier would be 13 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 conventional heads as it is matter of 1999. Hence, the claimants are entitled to a total sum of Rs. 37,000 x 13 +40,000 = 5,21,000/-.
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 award and 4% thereafter 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.
This Court is thankful to both the counsels to see that this very old matter is disposed of.
Order Date :- 25.7.2019 Shubhankar