HDFC Ergo General Insurance Company Ltd vs Ratni & Ors

S.B. Civil Misc. Appeal No. 1043/2018, &

S.B. Civil Misc. Appeal No. 1097/2018 :-

The matters are listed on applications for early hearing.

For the reasons mentioned in the applications, the same are allowed.

For the reasons mentioned in the applications (Applc.654/2018 & 703/2018) for dispensing with production of certified copy of the judgments & awards, the same are allowed.

The applications under Section 5 of the Limitation Act for condonation of delay in filing the appeals, are allowed for the reasons mentioned in the same.

With the consent of the parties, the appeals are finally heard today itself.

The present appeals have been filed by the respective parties against the award dated 30.10.2017 passed by learned Motor Accident Claims Tribunal, Abu Road, District Sirohi in Motor Accident Claim Case Nos. 224/2014 & 225/2014.

The claimants preferred claim petitions seeking grant of compensation on account of death of Megharam & Shankarlal who died in an accident which took place on 17.07.2014, on various grounds before the learned Motor Accident Claims Tribunal, Abu Road, District Sirohi. The replies were filed on behalf of the Insurance Company as well as the respondents/non-claimants 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 petition of the claimants and awarded a sum of Rs. 7,53,016/- & Rs. 9,99,176/- in favour of the claimants and directed the insurance company as well as respondents/non-claimants to pay an interest @ 6% per annum on the amount awarded from the date of filing of the claim petition i.e. 29.09.2014.

Learned counsel for the appellant-Insurance Company fairly submits that although the present appeals have been preferred on a number of grounds but taking into consideration the law laid-down by the Hon'ble Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance Company Limited reported in (2017) 14 SCC 663, the question raised in these appeals have been answered against the appellant-insurance company. However, he submits that the matters have been referred to a Larger Bench in the case of Bajaj Alliance General Insurance Co. Ltd. V/s Smt. Rambha Devi.

Since, it has come on record that the deceased (Megharam ) was doing the job work of Plaster of Paris and the same can be done by a skilled labour, therefore, the rates applicable to the daily wager of skilled workman will be taken into consideration for the calculation.

The issue at hand is squarely covered by the judgment of the Hon'ble Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance Company Limited(Supra). The appeals of the Insurance Company are decided in the ratio laid-down by the judgment Mukund Dewangan V/s Oriental Insurance Company Limited(Supra). Hence, the appeals preferred by the Insurance Company are dismissed.

As far as, the appeals for enhancement filed by the claimants are concerned the counsel for the parties submit that the calculation made by the Tribunal in its award dated 30.10.2017 needs to be re-calculated 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 which is as under :-

S.B. Civil Misc. Appeal No.3421/2017 :-

For future prospects :-

25% of Rs.5434/- (Income of deceased)

Rs. 1359/-

Rs. 5434/- + Rs. 1359/-

Rs. 6793/-

Amount to be deducted as spent on himself.

Rs. 6793/- / 1/4 = Rs. 1698/-

Dependence Amount

Rs. 6793 - Rs. 1698= Rs. 5095/-

The age of deceased was 46 years therefore, a multiplier of 13 will be used.

(I)

Compensation due to death

5095 x 12 x 13

Rs. 7,94,820/-

(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. 8,64,820/-

Amount awarded by the Tribunal vide award dated 30.10.2017 (-)

Rs. 7,53,016/-

Enhanced amount

Rs. 1,11,804/-

S.B. Civil Misc. Appeal No.802/2018 :

For future prospects :-

40% of Rs.5434/- (Income of deceased)

Rs. 2174/-

Rs. 5434/- + Rs. 2174/-

Rs. 7608/-

Amount to be deducted as spent on himself.

Rs. 7608/- / 1/4 = Rs. 1902/-

Dependence Amount

Rs. 7608 - Rs. 1902 = Rs. 5706/-

The age of deceased was 23 years therefore, a multiplier of 18 will be used.

(I)

Compensation due to death

5706 x 12 x 18

Rs. 12,32,496/-

(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. 13,02,496/-

Amount awarded by the Tribunal vide award dated 30.10.2017 (-)

Rs. 9,99,176/-

Enhanced amount

Rs. 3,03,320/-

Consequently, in view of the calculation made above, the claimants are awarded an additional amount of compensation of Rs.1,11,804 (In CMA No.3421/2017) & Rs. 3,03,320/- (In CMA No.802/2018). Since, the amount of compensation as awarded by the learned Motor Accident Claim Tribunal, Abu Road, District Sirohi vide award dated 30.10.2017 has already been paid, the aforesaid enhanced amount shall be paid to the claimants. The claimants 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.