Smt. Vimla Devi & Ors. ... vs Sri Nirmal Jugran & Ors
2021 Latest Caselaw 4790 UK

     IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL


          Appeal from Order No. 260 of 2015

From Judgment and award dated 18.02.2015 passed by
Mr. Mr. Kawer Sain, District Judge/Motor Accident Claims
Tribunal, Pauri Garhwal n MACP Case No. 26 of 2014.


Smt. Vimla Devi & Ors.                   .......Appellants



                           -Versus-

Sri Nirmal Jugran & Ors.                   ......Respondents

Advocates appeared in the case:

For Appellant                :         Mr. M.S. Bhandari.

For Respondents              :         Mr. V.K. Kohli, Senior
                                       Advocate, assisted by
                                       Mr. Kanti Ram Sharma.


Sri S.K. Mishra, J.

Date of hearing & order 29.11.2021

1. Heard Mr. M.S. Bhandari, the learned counsel for the appellants/claimants and Mr. V.K. Kohli, the learned Senior Advocate assisted by Mr. Kanti Ram Sharma, the learned counsel for the Insurance Company.

2. The limited question that arises in this case is whether the claimants are entitled to 30% additional amount over and above the monthly income of Rs. 48,167/- of the deceased as per the ratio decided by the Hon'ble Apex Court in the case of Sarla Verma

vs. Delhi Transport Corporation and Anr. (2009) 6 SCC 121.

3. Mr. V.K. Kohli, the learned Senior Advocate for the Insurance Company is not disputing the fact that the deceased was Assistant Teacher in Government School and that he is entitled to 30% increase in the total amount of compensation while calculating the same on the basis of the monthly income. He very emphatically submitted that as per the ratio decided by the Hon'ble Apex Court in the case of Sarla Verma (supra), monthly income or the annual income should have been taken into consideration after deducting the income tax component from his income.

4. We have calculated the compensation to be paid by approximation. We are of the view that after deducting income tax and giving increment for future prospects and also deducting income tax component from the future prospects, a sum equal to Rs.13 lakhs, as additional compensation has to be paid to the petitioners.

5. Thus, this Court comes to the conclusion that the petitioners are entitled to an total compensation of Rs. 73,99,042/-. The Tribunal has granted compensation of Rs. 60,99,042/- and the petitioners are, therefore, entitled to an additional compensation of Rs. 13 lakhs, to be paid by the Insurance Company to the petitioners along with interest @ 6% from the date of filing of the present appeal i.e. 14.05.2021.

6. The amount shall be paid by the Insurance Company before the Tribunal within a period of two months failing which it shall carry simple but penal interest @ 8% from the date of filing of appeal

7. The appeal from order is accordingly disposed of.

8. Trial court records be sent back immediately.

9. Urgent certified copies of this order be provided as per rules.

(S.K. Mishra) Judge

PV