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Rajasthan High Court
The New India Assurance Company Limited vs Smt. Vimla Sharma W/O Late Sh. ... on 8 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:21546]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 417/2022
1. Vimla Sharma W/o Late Kulbhusahn Sharma, Aged About
50 Years, (Wife Of Deceased) R/o D-3-41 Apna Ghar
Shalimar, Tijara Road, Alwar
2. Mansi Sharma D/o Late Kulbhushan Sharma, Aged About
24 Years, (D/o Deceased ) R/o D-3-41 Apna Ghar
Shalimar, Tijara Road, Alwar
3. Ramgopal Sharma Son Of Mathura Lal Sharma, Aged
About 75 Years, (Father Of Deceased ) R/o D-3-41 Apna
Ghar Shalimar, Tijara Road, Alwar
----Appellants
Versus
1. Bhagwan Sahay Son Of Phool Chand, R/o Roopu Ka Bass,
Tehsil Thanagaji, District Alwar (Driver Dumper No. Rj-40-
Ga-0225)
2. Rakesh Kumar Son Of Ghasiram, R/o House No. 304,
Naliya Bagdo Ki Dhani, Pratapgarh, Tehsil Thanagaji,
District Alwar (Owner Dumper No. Rj-40-Ga-0225)
3. The New India Assurance Company Limited, Division
Office At Near Bijli Ghar Crossing Alwar Having Its
Regional At Nehru Palace Tonk Road, Jaipur Through Its
Regional Manager (Insurer Dumper No. Rj-40-Ga-0225,
Policy No. 330600311701000027065 Valid From
30.06.2017 To 29.06.2018)
----Respondents
Connected With S.B. Civil Miscellaneous Appeal No. 2208/2021 The New India Assurance Company Limited, Through Divisional Manager, Near Bijlighar Choraha, Alwar. (Insurer- Vehicle Dumper No. Rj-40-Ga-0225), Insurance Policy No. 330600311701000027065, Insurance Period Date 30-06-2017 To 29-06-2018).
----Appellant Versus
1. Smt. Vimla Sharma W/o Late Sh. Kulbhushan Sharma, Aged About 49 Years, (Wife Of Deceased) Resident Of D- (Downloaded on 24/05/2024 at 09:45:01 PM) [2024:RJ-JP:21546] (2 of 6) [CMA-417/2022] 3-41, Apnaghar Shalimar, Tizara Road, Alwar (Raj.)
2. Maansi Sharma D/o Late Kulbhushan Sharma, Aged About 23 Years, (Daughter Of Deceased) Resident Of D-3-41, Apnaghar Shalimar, Tizara Road, Alwar (Raj.)
3. Ramgopal Sharma S/o Mathuralal Sharma, Aged About 74 Years, (Father Of Deceased) Resident Of D-3-41, Apnaghar Shalimar, Tizara Road, Alwar (Raj.)
4. Bhagwan Sahay S/o Phoolchand, Resident Of Roopu Ka Baas, Tehsil Thanagazi, District Alwar(Raj.) (Driver Vehicle Dumper No. Rj-40-Ga-0225)
5. Rakesh Kumar S/o Ghasiram, Resident House No. 304, Naaliya Baagro Ki, Dhani Pratapnagar, Tehsil Thanagazi, District Alwar (Rajasthan). (Owner Vehicle Dumper No. Rj-40-Ga-0225)
----Respondents For Appellant(s) : Mr. Vinay Mathur, Adv. for claimants For Respondent(s) : Mr. V. P. Mathur, Adv. for Assurance Company HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT 08/05/2024 The instant appeals have arisen out of the judgment and award dated 10.09.2021 passed by the Motor Accident Claims Tribunal, Alwar (for short 'the Tribunal') in Claim Case No.389/2017 titled as "Smt. Vimla Sharma & Ors. Vs. Bhagwan Sahay & Ors.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.42,80,300/- along with interest @ 7.5% per annum as compensation from the date of filing of the claim petition in favour of the appellants-claimants (for short' the claimants').
(Downloaded on 24/05/2024 at 09:45:01 PM) [2024:RJ-JP:21546] (3 of 6) [CMA-417/2022] CMA No.417/2022 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal, whereas CMA No.2208/2021 has been filed by the Assurance Company challenging the judgment & award passed by the Tribunal on the various grounds.
S.B. Civil Miscellaneous Appeal No. 417/2022:-Learned counsel for the claimants submits that as per salary certificate (Ex.37), deceased was earning Rs.43,635/- but the Tribunal had wrongly deducted the uniform maintenance allowance of Rs.500/- and CCA of Rs.600/- and wrongly assessed the income of the deceased as Rs.42,535/- and wrongly deducted the tax of Rs.11,767/-. So, salary of the deceased be assessed as Rs.43,635/-. Learned counsel for the claimants also submits that the Tribunal had awarded a very meagre amount of Rs.40,000/- towards loss of consortium and love & affection, whereas it should be Rs.40,000/- for each claimant. So, judgment and award of the Tribunal be modified.
Learned counsel for the claimants has placed reliance upon the following judgments: (1) National Insurance Company Ltd. Vs. Indira Srivastava & Ors. in Civil Appeal No.5830/2007 (Arising out of SLP(C) No.14452/2007) decided on 12.12.2007 and (2) Manju Devi & Ors. Vs. Saleem & Ors. in S.B. Civil Miscellaneous Appeal No.4557/2017 decided on 25.04.2022.
S.B. Civil Miscellaneous Appeal No. 2208/2021:-Learned counsel for the Assurance Company submits that the Tribunal had (Downloaded on 24/05/2024 at 09:45:01 PM) [2024:RJ-JP:21546] (4 of 6) [CMA-417/2022] wrongly considered the Silver Jubilee incentive granting to the deceased. So, the amount of Rs.5,554/- is required to be deducted from the deceased's income because it was not of permanent nature and it was given for time being. Learned counsel for the Assurance Company also submits that the Tribunal had wrongly granted 15% towards future prospects because deceased was not in permanent job. So, he was entitled to get 10% towards future prospects. So, judgment and award of the Tribunal be modified.
Learned counsel for the claimants has opposed the arguments advanced by learned counsel for the Assurance Company and submits that Silver Jubilee incentive given to the deceased is of permanent nature. So, it cannot be deducted. Learned counsel for the claimants also submits that deceased was in permanent job in Sahara Company. So, the Tribunal rightly granted 15% of the deceased's income towards future prospects. So, appeal filed by the Assurance Company be dismissed.
I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the Assurance Company.
It is an admitted position that while calculating the income of the deceased, the Tribunal had wrongly deducted the CCA of Rs.600/-. CCA is a part of salary. It is required to be added in the deceased's salary. Contention of learned counsel for the claimants is that incentive of Silver Jubilee is not deductible because Insurance Company failed to produce the evidence that it was only for one time. So, in my considered opinion, it is a part and partial (Downloaded on 24/05/2024 at 09:45:01 PM) [2024:RJ-JP:21546] (5 of 6) [CMA-417/2022] of the salary. The Tribunal had also committed an error in granting a very meagre amount of Rs.40,000/- towards loss of consortium and love & affection, whereas it should be Rs.40,000/- for each claimant. The Tribunal rightly granted 15% of the deceased's income towards future prospects because deceased was serving in the Sahara India on the post of Assistant Manager which is job of permanent nature. So, the judgment of the Tribunal is modified to the extent as under:-
Monthly Income Rs.43,635/-
Less Uniform Maintenance Rs.500/-
Net Income Rs.43,135/-
Annual Income Rs.43,135X12=Rs.5,17,620/-
Less Tax Rs.11,767/-
Annual Income after deduction Rs.5,05,853/-
of tax
According to the age of the Rs.5,05,853X11=55,64,383/-
deceased i.e. 54 years,
Multiplier 11 to be applied
As per dependency, 1/3rd of the 55,64,383X1/3rd=18,54,794.33 deceased's income to be (round off Rs.18,54,794) deducted for personal (Rs.55,64,383- 18,54,794 = expenses(-) 37,09,589/-
Add 15% Future Prospects 37,09,589X15%=5,56,438.35 (round off Rs.5,56,438/-) (37,09,589+ 5,56,438= 42,66,027/-
Loss of consortium and love and Rs.1,20,000/-
affection to claimants (40,000 X 3) Funeral expenses Rs.15,000/-
Loss of Estate Rs.15,000/-
Transportation Charges Rs.5,000/-
Total Rs.44,21,027/-
Less amount awarded by the
Tribunal Rs.42,80,300/-
(Downloaded on 24/05/2024 at 09:45:01 PM)
[2024:RJ-JP:21546] (6 of 6) [CMA-417/2022]
Enhanced Amount of Rs.44,21,027 - Rs.42,80,300/-
compensation
= Rs.1,40,727/-
The claimants are entitled to get a further sum of
Rs.1,40,727/- as compensation. The Assurance Company is directed to deposit enhanced amount of Rs.1,40,727/- (Rs.44,21,027 - Rs.42,80,300/-) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants shall be entitled to withdraw the same. The enhanced amount shall carry @ 7.5% interest per annum from the date of filing of claim petition till the actual payment is made.
In the result, appeal filed by the claimants is partly allowed and appeal filed by the Assurance Company is dismissed.
Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J Jatin /318-319 (Downloaded on 24/05/2024 at 09:45:01 PM) Powered by TCPDF (www.tcpdf.org)