Sushma Devi & Others vs The Branch Manager
2021 Latest Caselaw 2846 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 269 of 2018
                          ........

Sushma Devi & Others                  ....        ..... Appellants
                              Versus
The Branch Manager,
National Insurance Co. Ltd. & Another ....        ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellants : Mr. Nikhil Ranjan, Advocate. For the Respondent No.1 : Mr. Manish Kumar, Advocate.

........

06/11.08.2021.

Heard, learned counsel for the appellants, Mr. Nikhil Ranjan and learned counsel for the respondent no. 1 / National Insurance Company Ltd., Mr. Manish Kumar.

Learned counsel for the appellants has submitted that the claimants namely, (1) Sushma Devi, wife of Late Shiv Charan Bedia, (2) Prem Kumar Bedia (Minor), son of Late Shiv Charan Bedia (Claimant no. 2 being minor represented through his mother and natural guardian claimant no. 1, Sushma Devi), (3) Laxman Bedia, son of Late Charn Bedia and father of Late Shiv Charan Bedia and (4) Pano Devi, wife of Sri Laxmi Bedia and mother of Late Shiv Charan Bedia, have preferred this appeal for enhancement of the award dated 24.07.2017 passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 58 of 2011, whereby the claimants have been awarded compensation to the tune of Rs. 8,05,000/- along with interest @ 9% per annum from the date of admission of claim application under Section 166 of the Motor Vehicles Act i.e. on 22.07.2013 till realization of the awarded amount to be paid within 30 days from the date of award.

Learned counsel for the appellants has submitted that claimants have preferred this appeal on the ground that future prospect of the deceased has not been considered nor the amount under conventional head has been considered properly by the learned Tribunal in view of the judgment passed by the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680 (Para-59.4 and 59.8 respectively).

Learned counsel for the appellants has further submitted that interest has not been awarded from the date of filing of the claim application, though from perusal of case number in the cause title itself, it appears that claim application has been preferred in the year 2011.

Learned counsel for the appellants has further submitted that because of death of bread-earner, the present appeal has not been preferred within time and the same has been preferred with delay of 192 days and for condonation of the same, I.A. No.4380/2019 has been preferred.

Learned counsel for the National Insurance Company Limited, Mr. Manish Kumar has opposed the prayer and has submitted that there is an unexplained delay in preferring the appeal, apart from that the learned Tribunal has considered wrong deduction towards personal and living expenses, which ought to have been 1/3 rd instead of 1/4th, in view of the judgment passed by the Apex Court in the case of Sarla Verma (Smt.) & Ors. Vs. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121 (Para-30), as the learned Tribunal has wrongly considered the father of the deceased, Laxman Bedia to be the dependent of the deceased Shiv Charan Bedia.

Learned counsel for the Insurance Company has further submitted that so far the interest is concerned, the same has rightly been granted by the learned Tribunal, as there is delay in admission of the claim application because of non-compliance of the order of the learned Tribunal by the claimants, as such, this Court may not interfere with regard to grant of interest from the date of admission of the claim application i.e. 22.07.2013.

Learned counsel for the Insurance Company has further submitted that on the other hand the interest has been awarded on the higher side @ 9% per annum instead of @ 7.5% per annum in view of the judgment passed by the Apex Court in the case of Dharampal and Sons Vs. U.P. State Road Transport Corporation reported in (2008) 12) SCC 208.

Considering the rival submissions of the parties, considering it to be a benevolent legislation and merit of the appeal, the delay of 192 days in preferring the appeal is hereby condoned. Accordingly, I.A. No. 4380/2019 is allowed.

After hearing learned counsel for the parties, looking into facts and circumstances of the case, it appears that on 13.01.2011, the deceased namely, Shiv Charan Bedia was travelling in the offending vehicle Truck bearing registration no. JH-01AD-4846. The said truck dashed against another truck standing inside of the road, resulting the deceased and one another person, both travelling upon the said truck as labourer, suffered grievous injuries. The injured were shifted to RIMS, Ranchi, where Shiv Charan Bedia was declared dead and another injured was admitted for treatment. The vehicle was duly insured before the National Insurance Company Limited vide Policy No.170204/31/09/6300004905 valid for the period from 25.01.2010 to 24.01.2011, which covers the date of accident. It appears that Insurance Company has not preferred any appeal.

From perusal of the computation of compensation, it appears that the learned Tribunal has considered the age of the deceased as 20 years, who was married and working as a labourer of the truck and was earning a sum of Rs.5,000/- per month, but while computing the compensation, the learned Tribunal has not considered the future prospect of the deceased in view of the judgment passed by the Apex Court in the case of Pranay Sethi (Supra) (Para-59.4), which ought to have been @ 40% as the deceased died below the age of 40 years.

So far conventional head is concerned, the learned Tribunal has granted less amount to the tune of Rs.25,000/- (for funeral expenses) + Rs. 10,000/- (for loss of estate) + Rs.10,000/- (for loss of consortium) = Rs.45,000/- (total), which ought to have been Rs.70,000/-, as Rs.15,000/- for the loss of estate, Rs. 15,000/- for funeral expenses and Rs.40,000/- for loss of consortium in view of the judgment passed by the Apex Court in the case of Pranay Sethi (Supra)(Para-59.8).

Accordingly, this Court is inclined to enhance the compensation by adding future prospect @ 40% in the income of the deceased and Rs.70,000/- under conventional head instead of Rs.45,000/-.

So far the objection, which has been raised by learned counsel for the Insurance Company with regard to deduction towards personal and living expenses from 1/4th to 1/3rd is concerned, this Court is not inclined to accept the same, as no appeal has been preferred by the

Insurance Company, accordingly, the objection raised by the Insurance Company is hereby negated.

So far interest is concerned, it ought to have been @ 7.5% per annum from the date of institution, but the learned Tribunal has granted interest @ 9% per annum from the date of admission of the claim application i.e. 22.07.2013 without assigning any reason, which this Court is not inclined to interfere with the same, as the interest @ 7.5% per annum from the date of institution of claim application or the interest @ 9% per annum from the date of admission of claim application will not make any substantial change in the compensation amount because from perusal of the impugned award, it appears that claim application has been registered in the year 2011 itself, as such, this Court compute the compensation afresh, which is as follows:-

Income                             Rs. 5,000/- per month
Annual Income                      Rs. 5,000/- x 12 = Rs. 60,000/-
40% future prospect              Rs. 60,000/- + Rs. 24,000/-

Pranay Sethi (Para-59.4) (Supra) = Rs. 84,000/- 1/4th deduction towards personal Rs. 84,000/- x 1/4 = Rs. 21,000/-

and living expenses
Sarla Verma (Smt.) (Supra)
(Para-30)
Total Income                       Rs. 84,000/- - Rs. 21,000/-
                                   = Rs. 63,000/-

Multiplier of 18 (as the deceased Rs. 63,000/- x 18 = Rs. 11,34,000/- was in the age group of 15-20 years) Sarla Verma (Para-42) (Supra) Conventional Head Rs. 70,000/- i.e. Rs. 15,000/- as loss of Pranay Sethi (Para-59.8) estate, Rs. 40,000/- as loss of consortium and Rs. 15,000/- as funeral expenses.

Total Compensation Amount Rs. 11,34,000/- + Rs. 70,000/-

= Rs. 12,04,000/-

The enhanced amount of Rs. 12,04,000/- shall be paid to the claimants by the Insurance Company along with interest @ 9% per annum from the date of admission of claim application i.e. 22.07.2013.

However, the amount to the tune of Rs. 50,000/-, which has already been paid / indemnified under Section 140 of the Motor Vehicles Act and the amount, which has been paid, pursuant to the award as stated by learned counsel for the respondent no. 2 to the tune of Rs. 8,05,000/- along with interest @ 9% per annum from the

date of admission of claim application i.e. 22.07.2013 till realization of the awarded amount, shall also be deducted from the aforesaid amount of Rs.12,04,000/- along with interest @ 9% per annum from the date of admission of the claim application i.e. 22.07.2013. The balance amount shall be paid to the claimants within a reasonable time, as the accident is of dated 13.01.2011.

Accordingly, the present miscellaneous appeal is allowed.

(Kailash Prasad Deo, J.) Sunil/-