National Insurance Company ... vs Ranu Kalita And Anr
2022 Latest Caselaw 3364 Gua

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GAHC010160472022




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No.: MACApp./261/2022

         NATIONAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIOANAL OFFICE AT BHANGAGARH
         GS ROAD
         GUWAHATI 781005
         KAMRUP M REPRESENTED BY THE REGIONAL MANAGAR
         GUWAHATI REGIONAL OFFICE


          VERSUS

         RANU KALITA AND ANR.
         W/O LATE GOBINDA KALITA
         RESIDENT OF BHEUADAL
         PS DUNI
         PS SIPAJHAR
         DIST DARRANG
         ASSAM
         784144

         2:MD. TABIBUR RAHMAN
         S/O BASIR ALI
          RESIDENT OF VILLAGE BELSOR
          PO BELSOR
          DIST NALBARI
         ASSAM
          781304
          ------------

         Advocate for the Appellant      : Mr. T. Kalita, Advocate.

        Advocate for the Respondents    : Mr. R. Deka, Advocate.
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                                          BEFORE
                HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                 Date of Hearing      : 06.09.2022

                                 Date of Judgment     : 06.09.2022

                           JUDGMENT AND ORDER (ORAL)

Heard Mr. T. Kalita, the learned counsel for the appellant and Mr. R. Deka, the learned counsel appearing on behalf of the respondents.

2. This appeal arises out of the judgment and award dated 02.02.202 passed in MAC (D) Case No.24/2019 by the learned Member, Motor Accident Claims Tribunal, Darrang, Mangaldai whereby the Tribunal adjudged that an amount of Rs.61,47,525/- along with the interest at the rate of 7 % per annum from the date of filing of the claim petition, i.e. from 25.02.2019 till realization would be the just and fair compensation in terms with Section 168 of the Motor Vehicles Act, 1888 (for shot, the Act of 1988).

3. The case of the appellant in brief is that the learned Tribunal below failed to take into consideration the notification dated 14.09.2017, issued by the Principal Secretary to the Government of Assam, Finance Department relating to "Scheme for Compassionate Family Pension in lieu of Compassionate Appointment" while deciding the claim petition, and as such, the impugned judgment and award, on the face of it is perverse and liable to the interfered with.

4. For deciding the said aspect of the matter, it would be relevant to take note of the brief facts of the instant case. The parties herein are referred to in the same status as they stood before the Tribunal below.

5. On 23.12.2018, at around 4.20 PM, one Gobinda Kalita (since deceased) was returning from Mangaldai towards his home situated at Bheruadal after office duty by Page No.# 3/17

his motor cycle being registration No.AS-13-B-9376. When he reached Punia, the offending vehicle bearing registration No.AS-01-U-7498 (Wagonr) knocked down late Gobinda Kalita and as a result of which he sustained grievous injury. Late Gobinda Kalita was thereafter taken to Mangaldai Civil Hospital but he succumbed to his injuries on the way to the hospital. The postmortem of the deceased was done at Mangaldai Civil Hospital. In connection with the said accident, Mangaldai P.S. Case No.1148/2018 was registered under Sections 279/338/304(B) IPC. The claimant who is the wife of late Gobinda Kalita filed the claim petition before the learned Member, Motor Accident Claims Tribunal, Darrang, Mangaldai which was registered and numbered as MAC(D) Case No.24/2019. In the said claim petition it was mentioned that late Gobinda Kalita was serving as Supervisor Kanangu in the Office of the Circle Officer, Patharighat Revenue Circle drawing monthly salary of Rs.41,815/- and was the only earning member of the family comprising of his wife and three minor children. On the basis thereof, a compensation of an amount of Rs.80,00,000/- was claimed.

6. The opposite party No. 1, i.e. the owner of the vehicle being registration No.AS-01- U-7498 (Wagonr) filed a written statement stating inter-alia that the offending vehicle was duly insured vide policy No.200803311710005102 which was valid from 10.01.2018 to 09.01.2019 with National Insurance Company Limited, Mangaldai covering all risks and liabilities arising out of the accident. It was also submitted that the driver was possessing a valid driving licence bearing No.DL.AS-1320070019066 valid upto 01.01.2024.

7. The appellant, who was the opposite party No. 2, also filed its written statement and contended inter-alia that the claim proceedings was not maintainable and there was no cause of action and the claim is bad for non-joinder of necessary parties. The opposite party No.2 had put the claimant to the strictest proof with regard to the alleged accident, occupation and income of the deceased, road permit, fitness certificate of the vehicle, postmortem report etc. It was also denied by the opposite party No.2 that at the Page No.# 4/17

relevant point of time, the driver had been plying the vehicle by complying the traffic rules and provisions of the Act of 1988 and that they had violated the policy conditions. It was also pleaded that the deceased died due to his contributory negligence, not due to the fault of the vehicle No.AS-01-U-7498 (Wagonr).

8. On the basis of the pleadings, the Tribunal below framed as many as three issues which are quoted herein below:-

(1) Whether the deceased died out of the alleged accident due to the rash and negligent driving of the driver of the offending vehicle No.AS-01-U-7498 (Wagonr)?

(2) Whether the offending vehicle was duly covered with insurance Policy at the material time of the accident?

(3) To what relief/releifs, if any, parties are entitled?

9. During the course of the trial, the claimant examined herself; one Smti. Dharitri Deka as PW2 and Sajjal Hussain as PW3 and proved some of the documents. The opposite party duly cross-examined them. However, the opposite party did not adduce any evidence.

10. The Tribunal below, vide the impugned judgment and award dated 02.02.2022, decided the Issue No.1 in favour of the claimant holding inter-alia that the deceased Gobinda Kalita died as a result of the road traffic accident due to rash and negligent driving of the driver of the offending vehicle No.AS-01-U-7498 (Wagonr). As regards the Issue No.2, it was decided that the offending vehicle No.AS-01-U-7498 (Wagonr) was duly covered with the insurance policy of the opposite party No.2. As regards the Issue No.3, the Tribunal below adjudged that an amount of Rs.61,47,525/- with interest at the rate of 7 % per annum from the date of filing of the claim petition shall be the just and fair compensation to be paid by the appellant/opposite party No.2 in the manner as has been stipulated in the said impugned judgment and award.

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11. Being aggrieved and dissatisfied, the appellant is before this Court by way of the instant appeal.

12. Mr. T. Kalita, the learned counsel for the appellant has submitted that Section 168 of the Act of 1988 empowers the Claims Tribunal to determine the amount of compensation which appears to be just. The learned counsel for the appellant further submitted that although the term 'compensation' has not been defined under the Act of 1988, but by interpretative process it has been understood to mean to recompense the claimant for the possible loss suffered or likely to be suffered due to the sudden and untimely death of their family members as a result of the motor accident. The learned counsel further submitted that the measure of compensation must be just and adequate and secondly no double benefit should be passed on to the claimant in the matter of award of compensation. Referring to a notification issued by the Principal Secretary to the Government of Assam, Finance Department bearing No.FEG.28/2017/26 dated 14.09.2017, the learned counsel for the appellant submitted that the family of the deceased in terms with the said notification would be entitled to 100% of the last pay drawn which would be revised periodically as and when the normal pension/family pension are revised. Under such circumstances, the learned counsel for the appellant submitted that as this notification is applicable in respect to the employees who died/die in harness on or after 01.04.2017 and the claimant has already got the benefit under the said scheme, determining a compensation without taking into consideration the said notification cannot under any circumstances be said to be a just compensation in terms with Section 168 of the Act of 1988 and it would amount to enduring upon the claimant double benefit which is not permissible. In that regard, the learned counsel for the appellant has relied upon the judgment of the Supreme Court rendered in the case of Reliance General Insurance Company Limited vs. Shashi Sarma and Others , reported in (2016) 9

SCC 627.

13. On the other hand, Mr. R. Deka, the learned counsel for the respondents submitted Page No.# 6/17

that in terms with the said notification dated 14.09.2017 what the claimants are getting is a compassionate family pension and as such the question of there being double benefit does not arise.

14. At this stage, it may be relevant herein to mention that this matter was taken up for hearing on 01.09.2022 and the learned counsel appearing on behalf of the claimants was requested to obtain instructions as to whether the claimants are receiving any benefit under the notification dated 14.09.2017 issued by the Government of Assam pertaining to scheme of compassionate family pension in lieu of compassionate appointment. The learned counsel for the claimants, with all fairness, submitted that the claimants are receiving benefit under the notification dated 14.09.2017. The learned counsel for the claimants further submitted that the judgment of Supreme Court in the case of Reliance General Insurance Company Limited (supra) have been distinguished by the Supreme Court

in a later judgment in the case of Sebastiani Lakra and Others vs. National Insurance Company Limited and Another, reported in (2019) 17 SCC 465, wherein the Supreme Court, relying

upon the principle expounded in the judgment in Helen C. Reballo and Others vs. Maharashtra State Road Transport Corporation and Another, reported in (1999) 1 SCC 90 held

that deduction cannot be allowed from the amount of compensation either on account of insurance or on account of pensionary benefits or gratuity or grant of employment to the kin of the deceased. Referring to paragraph Nos.13 & 14 of the said judgment, the learned counsel for the claimants submitted that the amount so received in terms with the notification dated 14.09.2017 cannot be taken into consideration while determining the compensation to be paid.

15. I have heard the learned counsel for the parties and have also perused the materials on record. The question involved herein is as to whether the determination of compensation in so far as the loss of dependency has been done properly in terms with Section 168 of the Act of 1988. The term 'compensation' has not been defined in the Act of 1988. By interpretative process, it has been understood to mean to recompense the Page No.# 7/17

claimants for the possible loss suffered or likely to be suffered due to the sudden and untimely death of their family members as a result of the motor accident. Two cardinal principles run through the provisions of the Act of 1988 in the matter of determination of compensation. Firstly, the measure of compensation must be just and adequate and secondly, no double benefit should be passed on to the claimant in the matter of award of compensation.

16. From a reading of Section 168 of the Act of 1988, it makes the first principle explicit. Sub-Section (1) of the said provision makes it clear that the amount of compensation must be just. The Supreme Court in the case of Sarla Verma and Others vs. Delhi Transport Corporation and Another, reported in (2009) 6 SCC 121 observed that the

compensation is not intended to be bonanza, largesse or source of profit. It was observed that it would depend on the fact of each case as to what amount would be the just compensation. The principle as would be discernable from the judgment of the Supreme Court in the case of Helen C. Reballo and Others (supra) is that if the amount 'would be due to the dependents of the deceased even otherwise' the same shall not be deductable from the compensation amount payable under the Act of 1988.

17. At the same time, it must be borne in mind that the loss of income is a significant head under which compensation is claimed in terms with the Act of 1988. The component of quantum of 'loss of income' inter-alia can be 'pay and wages' which otherwise would have been earned by the deceased employee if he had survived the injury caused to him due to the motor accident. If the dependents of the deceased employee, however were to be compensated by the employer in that behalf, i.e. to grant compassionate assistance by way of ex-gratia finance and assistance on compassionate grounds to the dependent of the deceased Government employee who dies in harness, it would untenable that the dependents can still be permitted to claim the same amount as a possible or likely loss of income to be suffered by them to maintain a claim for compensation under the Act of 1988.

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18. At this stage, it would be relevant to take note of the notification dated 14.09.2017. The said notification was not a part of the pleadings or documents filed before the Tribunal. However, as the said notification is relevant for the purpose of deciding the just compensation and admittedly as the claimants are receiving benefit under the said notification, this Court is of the opinion that the said notification is required to be taken into account for arriving at the just compensation. The said notification is quoted herein below:

GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR FINANCE (ESTT.-A) DEPARTMENT

NOTIFICATION The 14th September, 2017

No.FEG.28/2017/26

Sub.: "Scheme for Compassionate Family Pension in lieu of Compassionate Appointment", in short called as Compassionate Family Pension (CFP) Scheme.

Governor of Assam is pleased to notify the following guidelines for a new scheme, namely, Scheme for Compassionate Family Pension in lieu of Compassionate Appointment". In pursuance of the paragraphs 61 to 63 of the budget announcement of 2017-18 and in complete suppression of the Compassionate appointment policy of the State Government notified by the Personnel (B) Department vide ABP.50/2006/Pt /182

dated 1st June 2015 and all other OMs.

2. The primary objective of the polic of the compassionate appointment has been to support the family income of the employee who dies-in-harness, who was the sole bread earner of the family as a stop- gap arrangement and it the family managed to sustain themselves for three years after the date of the death of the employee. There was no ground of compassionate appointment.

3. In the above background, it has been noticed that the existing Page No.# 9/17

compassionate appointment policy did not fully serve these objectives and often the legal heir fails to get an appointment immediately due to difficulties such as lack of educational qualifications by the legal heir and non-availability of vacancies within the stipulated five percent of total vacancies etc.

4. In view of the above, it has been envisaged to replace the existing policy of appointment on compassionate ground of the dependants of State government employees who died in harness by "Scheme for Compassionate Family Pension in lieu of Compassionate Appointment", in short called as Compassionate Family Pension (CFP) Scheme.

5. The detailed guidelines as provided below shall be followed by all the departments in the State Government.

5.1 The applicable definition of family of the employee dies-in- harness will be definition of family that is given in the Assam Services (Pension) Rules, 1969 (as amended from time to time).

5.2 CFP scheme is not applicable for Voluntary retirement/resignation or any other cases and "an employee dies-in- harness" is the sole criteria. The cause for the death of the employee-in- harness can be anything, either natural or unnatural.

5.3 Where the employee dies before superannuation, the family pension equal to 100% of the last pay drawn by the deceased employee be paid for a period up to the date of 'deemed superannuation' of the deceased employee i.e., the date on which the employee would have superannuated had he been alive. This would compensate the loss of family income to a large extent and fulfill the requirement of compassionate conditions arising out of the death of the serving employees.

However, the Govt. servant must complete minimum 1(one) year of continuous service without break before the death while in service.

5.4 The last pay drawn for this purpose is the last basic pay (pay in Page No.# 10/17

the pay band plus grade pay). Over and above, the Compassionate.

Family Pensioner will get the applicable Dearness Relief and other Relief amounts as admissible in the normal family pension.

5.5 The CFP fixed at 100% of the last pay drawn will be revised periodically as and when normal pension/family pension are revised.

5.6 On attaining the date of deemed Superannuation; the CFP will be converted into normal Family Pension. This normal family pension shall be fixed at 50% of CFP from the date of deemed superannuation till 67 years of age of the deceased employee. During this period of 7 years, the normal family pension will be revised periodically as and when normal pension is revised.

5.7 Further, on completion of above period of 7 years, the normal family pension will be reduced from 50% to 30% till the applicable eligibility as per the Assam Services (Pension) Rules, 1969 (as amended from time to time).

5.8 But, in case of CFP, the Compassionate Family Pensioner cases to get the CFP at 100% of the last pay drawn if the Compassionate Family Pensioner happens to be ineligible for normal family pension as per Assam Services (Pension) Rules, 1969 (as amended from time to time).

5.9 This will be applicable to all employees of State Government, provincialised employees and all others as eligible under Assam Services (Pension) Rules, 1969 (as amended from time to time), all State Government employees under NPS category and All India Services officers borne on Assam cadre.

5.10 It is also provided that if the parents or other eligible family members are not looked after by the Compassionate Family Pensioner, on receipt of such complaint from them, the competent authority will issue orders apportioning the Compassionate Family Pension appropriately among the other eligible family members.

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5.11 The scheme is applicable to those employees who died/die in harness on or after 01.04.2017. However, the relevant OMs related to the Compassionate appointments will be applicable to those who died on or before 31.03.2017.

5.12 The Pension and Public Grievances Department and Personnel (B) Department will take further necessary action accordingly by amending/issuing necessary rules/guidelines.

RAVI KOTA, Principal Secretary to the Government of Assam Finance Department.

19. A perusal of Rule 5 and its sub-rules give a detail guidelines as to how benefits are to be given to the families of employees who die-in-harness. Rule 5.3 stipulates that when an employee dies before superannuation, the family pension equal to 100% of the last pay drawn by the deceased employee be paid for a period up to the date of 'deemed superannuation' of the deceased employee i.e., the date on which the employee would have superannuated had he been alive. The objective behind the said sub-rule 5.3 is to compensate the loss of family income to a large extent and fulfill the requirement of compassionate conditions arising out of the death of the serving employees. Sub-rule 5.4 stipulates that the last pay drawn for this purpose is the last basic pay (pay in the pay band plus grade pay), over and above, the Compassionate. Further to that it has been mentioned that the Family Pensioner will get the applicable Dearness Relief and other Relief amounts as admissible in the normal family pension. Sub-Rule 5.5 stipulates that the CFP fixed at 100% of the last pay drawn would be revised periodically as and when normal pension/family pension are revised. Sub-Rule 5.6 relates to that on attaining the date of deemed Superannuation; the CFP would be converted into normal Family Pension. Therefore, from a conjoint reading of the above Rules, and more particularly Rule 5 and its sub-rules, it would show two aspects. First is to compensate the dependants of the deceased Government employees by granting ex-gratia financial Page No.# 12/17

assistance on compassionate ground for the loss of pay and other allowance for a specified period. The second aspect of the matter would be that the dependants of the deceased Government employees would be entitled to family pension and other allowances. On the basis of the judgment of the Supreme Court rendered in the case of Helen C. Reballo and Others (supra), the dependants of a deceased employee would be

otherwise also entitled to family pension after superannuation and this cannot be deducted from the claim amount for determining of just compensation under the Act of 1988. However, during the period prior to deemed superannuation, the dependents of the deceased Government employees by virtue of the scheme would be entitled to the last pay drawn which shall be revised periodically as and when the normal pension or family pension are revised. This aspect of the matter is of vital significant while determining the question of loss of dependency while determining the compensation. In this regard, this Court would like to refer to the paragraph Nos.25 & 26 of the judgment of the Supreme Court rendered in the case of Reliance General Insurance Company Limited (supra) which are quoted herein below:

"25. The claimants are legitimately entitled to claim for the loss of "pay and wages" of the deceased government employee against the tortfeasor or insurance company, as the case may be, covered by the first part of Rule 5 under the 1988 Act. The claimants or dependants of the deceased government employee (employed by the State of Haryana), however, cannot set up a claim for the same subject falling under the first part of Rule 5

--"pay and allowances", which are receivable by them from employer (the State) under Rule 5(1) of the 2006 Rules. In that, if the deceased employee was to survive the motor accident injury, he would have remained in employment and earned his regular pay and allowances. Any other interpretation of the said Rules would inevitably result in double payment towards the same head of loss of "pay and wages" of the deceased government employee entailing in grant of bonanza, largesse or source of profit to the dependants/claimants. Somewhat similar situation has been spelt out in Section 167 of the Motor Vehicles Act, 1988 which reads thus:

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"167. Option regarding claims for compensation in certain cases.-- Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both." (emphasis supplied)

26. Indeed, similar statutory exclusion of claim receivable under the 2006 Rules is absent. That, however, does not mean that the Claims Tribunal should remain oblivious to the fact that the claim towards loss of pay and wages of the deceased has already been or will be compensated by the employer in the form of ex gratia financial assistance on compassionate grounds under Rule 5(1). The Claims Tribunal has to adjudicate the claim and determine the amount of compensation which appears to it to be just. The amount receivable by the dependants/claimants towards the head of "pay and allowances" in the form of ex gratia financial assistance, therefore, cannot be paid for the second time to the claimants. True it is, that the 2006 Rules would come into play if the government employee dies in harness even due to natural death. At the same time, the 2006 Rules do not expressly enable the dependants of the deceased government employee to claim similar amount from the tortfeasor or insurance company because of the accidental death of the deceased government employee. The harmonious approach for determining a just compensation payable under the 1988 Act, therefore, is to exclude the amount received or receivable by the dependants of the deceased government employee under the 2006 Rules towards the head financial assistance equivalent to "pay and other allowances" that was last drawn by the deceased government employee in the normal course. This is not to say that the amount or payment receivable by the dependants of the deceased government employee under Rule 5(1) of the Rules, is the total entitlement under the head of "loss of income". So far as the claim towards loss of future escalation of income and other benefits is concerned, if the deceased government employee had survived the accident can still be pursued by them in their claim under the 1988 Act. For, it is not covered by the 2006 Rules. Similarly, other benefits extended to the dependants of the deceased government employee in terms of sub- rule (2) to sub-rule (5) of Rule 5 including family pension, life insurance, provident fund, etc., that must remain unaffected and cannot be allowed to be deducted, which, any way Page No.# 14/17

would be paid to the dependants of the deceased government employee, applying the principle expounded in Helen C. Rebello and Patricia Jean Mahajan cases.

20. Now let this Court take into consideration the subsequent judgment of the Supreme Court as has been referred to by the learned counsel for the respondents, i.e., in the case of Sebastiani Lakra and Others (supra). The Supreme Court in the said judgment had distinguished the judgment in Reliance General Insurance Company Limited (supra) on the ground that the scheme in Sebastiani Lakra and Others (supra) was totally different from the Rules which were under consideration in Reliance General Insurance Company Limited (supra). To appreciate the said aspect of the matter, it would be relevant to take note of paragraph Nos.18, 19 & 20 of the said judgment in Sebastiani Lakra and Others (supra) which are quoted herein below:

"18. The EFB Scheme is totally different from the rules which were under consideration of this Court in Shashi Sharma case. Under this Scheme, the nominee or legal heir(s) of the deceased employee have to deposit the entire amount of gratuity and all other benefits payable to them on the death of the employee.

19. In the present case, it stands proved that the claimants have deposited a sum of Rs 27,43,991 received by them on the death of the deceased with the employer and are now getting about Rs 50,082 per month. This amount of Rs 50,082 is to be paid to the legal heirs under the EFB Scheme only till date of retirement of the deceased. Even if an interest @ 12% p.a. is calculated on the amount of Rs 27,43,991, that would amount to Rs 3,30,000 per year or Rs 27,500 per month. The appellants claimants are getting about Rs 50,000 per month i.e. about Rs 22,500 per month more, but this is only to be paid for a period of about 7 years till 30-4-2021. This payment will cease thereafter.

20. The aforesaid payment is totally different to the payment made by the employer in Shashi Sharma case which was statutory in nature. Therefore, we hold that this amount cannot be deducted."

21. However, it is noteworthy to mention that the Tribunal below while determining the compensation failed to take into account the proposition of law as enunciated in the Page No.# 15/17

Reliance General Insurance Company Limited (supra) on the ground that the said notification

was not placed before the Tribunal below which is a notification of vital relevance. Under such circumstances, this Court is of the opinion that it would be in the interest of justice that the Tribunal below should recompute the compensation by taking into account the notification dated 14.09.2017 and the judgment of the Supreme Court in Reliance General Insurance Company Limited (supra) referred to herein above. While taking

into consideration of the same, the Tribunal is also directed to permit both the parties to adduce evidence if they wish so. It is also made clear that the claimant would also be entitled to adduce evidence to show that the amount so granted in terms with the notification dated 14.09.2017 is not the just compensation and also to the effect that the claim towards loss of future escalation of income and other benefit is concerned, the deceased would have earned a higher income had he survived the accident. The Tribunal below while computing the compensation shall take into consideration that the dependents of the deceased employee in terms with Rule 5 of the notification date dated 14.09.2017 would be entitled to family pension and that must remain unaffected and cannot be allowed to be deducted which, in any way, would be paid to the dependants of the deceased employee applying the principle expounded in Helen C. Reballo and Others (supra).

22. Now coming into the question of compensation on Conventional Heads in terms with the judgment of the Constitutional Bench of the Supreme Court rendered in the case of National Insurance Company Limited vs. Pranay Sethi and Others , reported in (2017) 16 SCC 680, and more particularly to the paragraph No.59 wherein it would be seen that on

account of loss of estate, loss of consortium and funeral expenses, an amount of Rs.15,000/-; Rs.40,000/- & Rs.15,000/- respectively was adjudged to be reasonable compensation in respect to those conventional heads. It was also made clear that the said amount should be enhanced at the rate of 10% every 3(three) years.

23. Taking into account that from the said judgment passed by the Supreme Court, Page No.# 16/17

3(three) years have already elapsed, the said amount has to be enhanced by 10% thereby on account of loss of consortium, the amount shall be Rs.44,000/- and on account of loss of estate and funeral expenses, the amount shall be Rs.16,500/- each. In a recent judgment of the Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and Others , reported in (2018) 18 SCC 130, and more

particularly to paragraph No.21 and its sub-paragraphs, the Supreme Court had made it clear that the loss of consortium cannot be only limited to spousal consortium but has also to be extended towards parental consortium and filial consortium.

24. Considering the above that the deceased is survived by the claimant who is the wife and three children, each of such dependent shall be entitled to an amount of Rs.44,000/- each on account of loss of consortium in addition to the amount of Rs.16,500/- and Rs.16,500/- on account of loss of estate and funeral expenses. Accordingly, on the Conventional Heads, the claimant is entitled to an amount of Rs.2,09,000/-.

25. This Court vide order dated 23.05.2022 had admitted the instant appeal and stayed the impugned judgment and award subject to deposit of 50% of the awarded amount before the Registry of this Court. It has been submitted by the learned counsel appearing on behalf of the appellant that an amount of Rs.30,73,763/- has been deposited in pursuance of the order dated 23.05.2022 passed in I.A.(C) No.144/2022. The Registry, on the basis of a certified copy of the instant order being produced, shall release to the claimants on an application being filed before the Registry, the amount of Rs.2,09,000/-. The remaining amount along with the statutory deposit be refunded back to the appellant on the basis of an application being filed along with the certified copy of the instant order.

26. The Tribunal is directed to dispose of the claim proceedings as expeditiously as possible and preferably within a period of 6 (six) months from a date a certified copy of the instant judgment is served upon the Tribunal.

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27. The parties are directed to appear before the Tribunal on 23.09.2022.

28. In view of the above observations and directions, the instant appeal stands disposed of.

JUDGE

Comparing Assistant