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Court No. - 37
Case :- FIRST APPEAL FROM ORDER No. - 1637 of 2020 Appellant :- Roshani And 2 Others Respondent :- New India Assurance Company Ltd. And 2 Others Counsel for Appellant :- Krishna Mohan Rai Counsel for Respondent :- Rakesh Bahadur
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the appellants, learned counsel for the respondent and perused the record.
This appeal, at the behest of the claimants, challenges the judgment and award dated 07.07.2020 passed by Motor Accident Claims Tribunal/District Judge, Firozabad (hereinafter referred to as 'Tribunal') in M.A.C.T. No. 322 of 2016.
It is submitted by learned counsel for the appellants that despite the fact that Tribunal has considered the judgment of National Insurance Company Limited Vs. Pranay Sethi and others 2017 0 Supreme (SC) 1050 has not granted future loss of income and only for that purpose this appeal has been preferred.
Learned counsel for the respondent-Insurance Company has contended that they have been given recovery rights as the license of the driver was found to be fabricated. As far as the question of future loss of income is concerned, we are unable to concur with the findings of fact arrived at by the Tribunal, which are totally silent as far as future loss is concerned, the income of the deceased being a labour and driver, 40% were have to be added in the monthly income out of which 1/3 will have to be deducted for personal expenses, therefore, we grant the same. The other head of compensation are not disturbed by us.
It goes without saying that the judgment of Apex Court in National Insurance Company Vs. Challa Bharathamma 2005 (1) T.A.C. 4 (S.C.) raised by Sri Rakesh Bahadur, learned counsel for the respondent will be considered by the Tribunal while disbursing the amount, as the Insurance Company has been given rights of recovery. We are not conveyed whether there is any appeal preferred by the owner.
Hence, the total compensation payable to the appellants is computed herein below:
i. Income Rs. 4500/- per month
ii. Percentage towards future prospects : 40% (Rs. 2700/-)
iii. Total income : Rs. 7200/-
iv. Income after deduction of 1/3th towards personal expenses : Rs. 2400/-
v. Annual income : Rs. 2400 x 12= Rs. 28,800/-
vi. Multiplier applicable : 18
vii. Loss of dependency: Rs. Rs. 28,800 x 18 = Rs. 5,18,400/-
viii. Amount under non pecuniary heads : Rs. 80,000/-
ix. Total compensation : Rs. 5,98,400/-
10. As far as issue of rate of interest is concerned, it 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."
No other grounds are urged orally when the matter was heard.
In view of the above, the appeal is partly allowed. Judgment and award passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited by the respondent-Insurance Company within a period of 12 weeks from today with interest at the rate of 7.5%. The amount already deposited be deducted from the amount to be deposited.
Record be sent back to the Tribunal forthwith.
This Court is thankful to both the counsels for getting this matter disposed of.
Order Date :- 22.9.2021 AK Pandey