Union Of India Th. Ministry Of ... vs Urmila Kumari And Another
2021 Latest Caselaw 958 j&K

                                                               Sr. No. 55

            HIGH COURT OF JAMMU AND KASHMIR
                        AT JAMMU

                                                          MA 328/2017
                                                          CM(2014/2020)

Union of India Th. Ministry of Surface and others
                                                           .... Appellant(s)


                            Through:- Mr. Suneel Malhotra, Advocate

            v/s

Urmila Kumari and another
                                                         ..... Respondent(s)


                           Through:- Mr. Jatinder Singh, CGSC


Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
                             ORDER

1. The present appeal has been filed by the appellants under

Section 173 of Motor Vehicle Act, against the judgment/award dated

07.07.2017, ( for brevity 'impugned award') passed by Learned Presiding

Officer, Motor Accident Claims Tribunal, Jammu, ( for brevity 'Tribunal'),

whereby compensation of Rs. 12,23.500/- along interest @ 7.5% per annum

from the date of institution of the petition till its realization has been

awarded in favour of the claimants/respondents herein.

2. According to learned counsel for the appellants the issue

involved in the instant appeal is squarely covered by the Apex Court

judgment reported in 2017 ACJ 2700 titled National Insurance Co. Ltd. vs.

Pranay Sethi and others.

3. The short point raised in the instant appeal is that the Tribunal

while passing impugned award held the claimants entitled to compensation

on the following counts, which is on the higher side:-

      1.     Loss of Dependence =                   Rs. 10,93,500/-
      2.     Funeral, Expenses =                    Rs. 25,000/-
      3.     Loss of love and affection =           Rs. l ,00,000/-
      4.     Loss of Estate =                       Rs. 5,000/-
             Total =                                Rs.12,23,500/-

4. According to learned counsel for the appellants, the 50%

enhancement in future income awarded by the Tribunal while passing the

award in question runs in conflict with the amount of enhancement

provided by the Pranay Sethi's case (supra) as the deceased was self

employed. Further, it is being contended that Rs. 25,000/- awarded by the

Tribunal towards funeral expenses also is in conflict with the Pranav Sethi's

case (supra), which is Rs. 15,000/-.

5. Further, learned counsel for the appellants contends that

amount of Rs. 1,00,000/- awarded by the Tribunal towards loss of love and

affection is also on the higher side and also in conflict with the quantum

provided by the Apex Court in the judgment (supra), which is Rs. 40,000/-.

6. Learned counsel for the claimants/respondents herein fairly

concedes to the legal position projected by the learned counsel for the

appellants and prays for settlement of the appeal in the light of the

points/grounds urged by the appellants in the instant appeal. However, it is

contended that instead of Rs. 5000/- awarded for loss of estate, Rs. 15,000/-

has to be awarded in view of the judgment (supra), which position is not

being disputed by learned counsel for the appellants.

7. Having regard to the nature of controversy raised by the

learned counsel for the appellants and consent extended by the learned

counsel for the claimants/respondents herein, the compensation amount

granted by the learned Tribunal under the head of 'loss of dependence' is

reduced from Rs. 10,93,500/-to Rs,10,20,600/-. Compensation granted

under the head of 'funeral expenses' is reduced from 25,000/- to Rs.

15,000/- and under the head of 'loss of loss and affection' from Rs.

1,00,000/- to Rs. 40,000/-. However, in view of the Pranav Sethi's case

(supra) compensation awarded towards 'loss of estate' is enhanced from Rs.

5000/- to Rs.15,000/-. Consequently, compensation amount payable to the

claimants-respondents herein is reduced from Rs.12,23,500/- to Rs.

10,90,600/-.

8. The break-up of modified compensation awarded is provided

as under:-

      1.       Loss of Dependence =                 Rs. 10,20,600/-
      2.       Funeral, Expenses =                  Rs. 15,000/-
      3.       Loss of love and affection =         Rs. 40,000/-
      4.       Loss of Estate =                     Rs. 15,000/-
               Total =                              Rs. 10,90,600/-

9. Registry is directed to release the modified compensation (supra)

along with the interest as allowed by the Tribunal in favour of the

claimants, subject to their verification and identification by their appearing

counsel. The rest of the remaining amount shall be paid back to the

appellants along with interest that may have accrued thereon.

10. Thus, with the aforesaid modification, the instant appeal is

disposed of.

(JAVED IQBAL WANI) JUDGE

Jammu 24.08.2021 Bir

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

BIR BAHADUR SINGH 2021.08.27 11:02 I am the author of this document