Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 67 of 2011 Appellant :- Smt. Ritu Pandey And Others Respondent :- Vijay Singh And Others Counsel for Appellant :- Suresh Gupta,Vidya Kant Shukla Counsel for Respondent :- Pawan Kumar Singh,Rajesh Kumar Sachan,Sushil Kumar Mehrotra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Shri Vidya Kant Shukla, learned counsel for the appellants and Shri S.K. Mehrotra, learned counsel for the respondents.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 25.9.2010, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Kanpur Nagar (herein after referred to as "Tribunal") in MACP No.632 of 2007, whereby a sum of Rs.3,01,112/- was awarded by the Tribunal.
3. The accident is not in dispute. The issue of negligence is 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 learned counsel for the appellants that the Tribunal has considered Rs.15,000/- per annum, which is unjust even in the year of accident. It is submitted that the income of the deceased should have been considered to be at least twice. He was survived 4 dependents. It is submitted that the deduction towards personal expenses also requires to be disturbed and the amount cannot be refused for future prospects of deceased.
5. It is submitted that the deceased being 37 years of age at the time of accident, the multiplier of 15 may be granted.
6. It is submitted by learned counsel for the respondent that the income, which has not been proved, cannot be more than what has been assessed by the Tribunal. He could not point out that the additional amount under the head of future prospects has not to be added as per the judgment in National Insurance Co.Ltd. vs. Pranay Sethi and others, 2017 (0) Supreme (SC) 1050. The amount awarded under the conventional head is also not required to be enhanced is submitted by counsel for the respondents.
7. After hearing the learned counsel for the parties and perusing the judgment and order impugned, this Court feels that the income of the deceased should have been Rs.4000/- per month, namely Rs.48,000/- per year to which as the deceased was 37 years of age, 40% of the income requires to be added in view of the decision in Pranay Sethi (supra), which would come to Rs.48,000/- + Rs.19,200/- = Rs.67,200/-, out of which 1/3 requires to be deducted as personal expenses of the deceased and, hence, the annual datum figure available to the family is Rs.67,200/- - Rs.22,400/- = Rs.44,800/-. As the deceased was in the age bracket of 36-40 years, the applicable multiplier would be 15 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 towards conventional heads as it is matter of 2005. Hence, the claimants are entitled to a total sum of Rs.44,800/- x 15 + Rs.70,000/- = Rs.7,42,000/-. The medical expenses granted by the Tribunal of Rs.126,112/- is maintained.
8. As far as issue of rate of interest is concerned, the interest should be 7.5% in view of the latest decision of the Apex Court in National Insurance Co. Ltd. Vs. Mannat Johal and Others, 2019 (2) T.A.C. 705 (S.C.) wherein the Apex Court has held as under :
"13. The aforesaid features equally apply to the contentions urged on behalf of the claimants as regards the rate of interest. The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court."
9. No other grounds are urged orally when the matter was heard.
10. In view of the above, the appeal is partly allowed. Judgement and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited with interest at the rate of 7.5% 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.
11. This Court is thankful to both the counsel to see that this very old matter is disposed of.
Order Date :- 17.12.2019 LN Tripathi