Hafeeza And Ors vs Amit Kumar And Ors

Both the present appeals are being decided by a common order as they arise out of same award of the Tribunal dated 24.09.2011.

The instant appeals have been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Jaitaran, District Pali vide award dated 24.09.2011 in Motor Accident Claim Application Case Nos. 65/2007 & 121/2007.

The appellants preferred a claim petitions on various grounds before the learned Motor Accident Claims Tribunal, Jaitaran, District Pali for grant of compensation. The reply was filed on behalf of the respondents denying the allegations in the claim petitions. Thereafter, on completion of the pleadings the learned Tribunal framed the issues.

After hearing the counsel for the parties, the learned Tribunal decided the claim petitions of the appellants and awarded a sum of Rs.4,21,000/- in favour of the appellants (Hafeeza Rs. 2,00,000/- & for Amra Rs. 2,21,000/-) and directed the respondents to pay an interest @ 7.5% per annum on the amount awarded from the date of filing of the claim petitions till actual payment is made.

Learned counsel for the appellants submits that future prospects in the light of the judgment of Hon'ble Supreme Court in the case of S.L.P. (Civil) Case No. 25590/2014 (National Insurance Company Limited V/s Pranay Sethi & Ors.) reported in 2017/ACJ/2700, 2017(4)J.L.J.R. 275, 2017(4)P.L.J.R. 261 has not been taken into account while computing the compensation in the present cases.

The counsel for the respondent does not dispute the proposition of law laid down in the case of Pranay Sethi (supra).

I have considered the submissions made at the Bar and gone through the award passed by the learned Tribunal.

Taking into consideration the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (Supra) the computation which is required to be done in the present cases are as under :-

For future prospects :-

40% of Rs.3000/- (Income of deceased)

Rs. 1200/-

Rs. 3000/- + Rs. 1200/-

Rs. 4200/-

Amount to be deducted as spent on himself.

Rs. 4200/- / 1/3 = Rs. 1400/-

Dependence Amount

Rs. 4200 - Rs. 1400 = Rs. 2800/-

The age of deceased was 24 years therefore, a multiplier of 17 will be used.

(I)

Compensation due to death

2800 x 12 x 17

Rs. 5,71,200/-

(II)

For the Loss of Estate

Rs. 15,000/-

(III)

For Loss of Consortium

Rs. 40,000/-

(III)

Funeral Expenses

Rs. 15,000/-

Total

Rs. 6,41,200/-

Amount awarded by the Tribunal vide award dated 24.09.2011

Rs. 4,21,000/-

Enhanced amount

Rs. 2,20,200/-

Consequently, in view of the calculation made above, the appellants are awarded an additional amount of compensation of Rs.2,20,200/-. Since, the amount of compensation as awarded by the learned Motor Accident Claim Tribunal, Jaitaran, District Pali vide award dated 24.09.2011 has already been paid, the difference of amount should be paid to the appellants (Hafeeza - Rs. 1,00,000/- in CMA No.1900/2012 & Amra - Rs. 1,20,200/- in CMA No.1899/2012 respectively). The appellants are also entitled to an interest @ 7% on the enhanced amount from the date of filing of the claim petitions. The enhanced amount be paid with an interest @ 7% p.a. within a period of eight weeks from today.

The present Misc. Appeals stand disposed of accordingly.

Record of the learned Tribunal be sent back immediately.