New India Assurance Co Ltd vs Sunmaya Gurung & Ors

J.R. Midha, J

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.61,04,000/- has been awarded to respondents No.1 to

The appellant seeks reduction of the award amount.

On 04th February, 2017, Gaurav Chauhan was driving car No. DLâ€"10-CD-6496 which met with an accident with offending vehicle bearing

No.HR-65U-4049 on NH 8 at about 2.30 A.M. The accident resulted in the death of Gaurav Chauhan who was aged 31 years and was survived by

his widow and parents. The deceased was a mechanical engineer earning Rs.37,800/- per month.

The Claims Tribunal took the income of the deceased as Rs.37,800/- per month, added 40% towards future prospects, deducted 1/3rd towards

personal expenses and applied the multiplier of 16 to compute the loss of dependency as Rs.67,73,760/-. The Claims Tribunal awarded Rs.60,000/-

towards loss of love and affection, Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss to estate and Rs.15,000/- towards funeral

expenses. The Claims Tribunal deducted Rs.8 lakhs towards accident insurance. Total compensation awarded is Rs.61,04,000/-.

Learned Counsel for the appellant urged at the time of the hearing that the deceased was contributory negligent and, therefore, the compensation is

liable to be reduced on that account. It is submitted that the deceased hit the stationary vehicle from behind.

Learned counsel for the claimants urged at the time of the hearing that the deceased was not contributory negligent and the finding of negligence of

the offending vehicle is justified.

This Court is of the view that the deceased was contributory negligent, inasmuch as the deceased hit stationary offending vehicle from behind and

therefore, compensation is liable to be reduced on account of the contributory negligence.

Learned counsel for the claimants, on instructions from the claimants present in Court, submits that the claimants are entitled to interest of more

than Rs.14 lakhs from the date of the institution and the claimants have no objection to give up the interest on the awarded amount on account of the

contributory negligence.

This Court is satisfied that lump sum compensation of Rs.60 lakhs to the claimants is fair and reasonable. The award amount beyond Rs.60 lakh

along with interest awarded by the Claims Tribunal is hereby adjusted on account of the contributory negligence of the deceased.

The appeal is allowed and the compensation awarded by the Claims Tribunal is reduced to lump sum amount of Rs. 60 lakh without interest.

However, if the amount is not deposited within three weeks by the appellant, it shall carry interest @ 9% from the date of this judgment.

The appellant is directed to deposit Rs. 60 lakh with the Claims Tribunal within three weeks whereupon the Claims Tribunal shall disburse the

same to the claimants in terms of the award. The share of the claimants in Rs.60 lakhs would be as under:

(i) Respondent No.1 Â Â Â Â Rs.30 lakhs

(ii) Respondent No.2 Â Â Â Rs.10 lakhs

(iii) Respondent No.3 Â Â Rs.20 lakhs

The Claims Tribunal shall release 10% amount to respective respondents and the balance amount be kept in FDRs in terms of the award. Learned

counsel for the claimants submits that 20% amount be released to the parents of the deceased for the marriage of their daughter, Pooja Chauhan.

Liberty is given to respondent to approach the Claims Tribunal for release of further 10% whenever the marriage of the daughter is fixed. The

claimants shall approach the Claims Tribunal one month before the marriage whereupon the Claims Tribunal shall release further 10% subject to

condition that the respondents shall file the affidavit with respect to the solemnization of the marriage and the marriage photograph before the Claims

Tribunal within one month of the marriage.

The statutory amount be refunded back to the appellant after the deposit of the award amount. The appellant shall file the proof of deposit of the

award amount whereupon the Registry shall refund the statutory amount to the appellant. The appellant shall also furnish the proof of deposit to

learned counsel for the claimants.

The pending application is also disposed of.

Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.