Allahabad High Court
National Insurance Co. Ltd. vs Smt. Shashi Devi And 3 Ors. on 19 January, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 347 of 2016
Appellant :- National Insurance Co. Ltd.
Respondent :- Smt. Shashi Devi And 3 Ors.
Counsel for Appellant :- Arvind Kumar
Counsel for Respondent :- Amit Kumar Singh,Rajesh Kumar Roy Sharma,Ram Singh
Hon'ble Vivek Agarwal,J.
1. Sri Arvind Kumar, learned counsel for the appellant and Sri Ram Singh, learned counsel for the respondent.
2. This appeal has been filed by the insurance company being aggrieved of the award dated 30.09.2015 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Aligarh in Claim Case No. 531 of 2013, on the ground that learned claims tribunal erred in calculating the salary of the deceased as per the pay, which was drawn by him at the time of the accident. Overlooking the fact that deceased was left with three months service prior to superannuation.
3. Now this aspect has already been settled through judgment of Hon'ble Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and others, (2017) 16 Supreme Court Cases 680, and does not call for any re-examination, therefore, appeal filed by the appellant-insurance company being devoid of merits, deserves to be dismissed and is dismissed.
4. Sri Ram Singh submits that he has three issues which have been raised in cross objection namely, as per the law laid down in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another as reported in (2009) 6 SCC 121, multiplier of 9 will be applicable in place of 8. Secondly, as per the law laid down in case of Pranay Sethi (supra), a sum of Rs. 70,000/- (seventy thousand rupees) is payable under the head of non-pecuniary damages in place of Rs. 9,500/- (nine thousand five hundred rupees) and thirdly, tribunal has awarded interest @ 6% which should have been calculated @ 7% at least.
5. As far as plea of incorrect multiplier is concerned, that needs to be accepted and is accepted. When multiplier of 9 is applied, then pecuniary compensation will come out to Rs. 35,12,160/- (thirty five lakhs twelve thousand one hundred sixty rupees) in place of Rs. 31,21,920/- (thirty one lakhs twenty one thousand nine hundred twenty rupees), therefore, there will be an enhancement to the tune of Rs. 3,90,240/- (three lakhs ninety thousand two hundred forty rupees). Learned tribunal has awarded only a sum of Rs. 9,500/- (nine thousand five hundred rupees) under the head of non-pecuniary compensation which needs to be enhanced to Rs. 70,000/- (seventy thousand rupees), therefore, there will be addition of Rs. 60,500/- (sixty thousand five hundred rupees), taking total enhancement to Rs. 4,50,740/- (four lakhs fifty thousand seven hundred forty rupees) which claimants will be entitled to in addition to the amount awarded by the claims tribunal. The enhanced amount shall also carry interest @ 6% awarded by learned tribunal from the date of the filing of the claim petition.
6. Plea of the counsel for claimants to enhance the rate of interest is rejected.
7. At this stage, learned counsel for the appellant submits that Rs. 25,000/- (twenty five thousand rupees) deposited by the insurance company, in compliance of the provisions contained in Section 173 of the Motor Vehicles Act, be remitted to the claims tribunal to be adjusted from the claim amount.
8. This prayer is allowed, Registry is directed to do the needful.
Order Date :- 19.1.2021
Vikram/-
