Reliance General Insurance Co. Ltd. vs Javeed Mohd. and others

Mrs. S. Sujatha, J.—Heard the learned counsels for the parties.

The insurer is in appeal assailing the judgment and award passed by Senior Civil Judge & Addl. Motor Accidents Claims Tribunal at Shorapur, Sitting at Shahapur, in M.V.C. No. 17/2011.

The learned counsel appearing for the appellant would contend that the Tribunal erred in awarding 50% towards future prospects to the monthly income of the deceased determined at Rs.6,000/-, in the absence of any material evidence placed on record to establish the accurate income and occupation of the deceased. Accordingly, he seeks to reduce total compensation awarded by the Tribunal.

Per contra, learned counsel appearing for the claimants defends the judgment and award passed by the Tribunal and would contend that the deceased was working as Munim in Aadat Shop, i.e. as Supervisor in food grains shop. The Tribunal, after appreciating the evidence on record, determined the monthly income at Rs.6,000/- per month and awarded 50% of his income towards future prospects which is justifiable in the facts and circumstances of the case. Accordingly, she seeks to dismiss the appeal.

Heard the rival submissions and perused the material on record.

The solitary contention raised by the appellant in this appeal is regarding adding 50% of the income of the deceased towards future prospects while determining the loss of dependency. It is an admitted fact that the deceased was working as a Munim (Supervisor) in Aadat Shop (food grains shop). No material evidence is placed by the claimants to prove the income of the deceased and to establish his occupation. Considering the totality of the circumstances of the case, the Tribunal determined the monthly income at Rs.6,000/- and added 50% towards the future prospects, which, in my opinion, is unjustifiable. In the absence of any material evidence to establish the occupation and income, no future prospects can be awarded on par with regular employees. Given the circumstances, deducting 50% of the future prospects added to the monthly income of die deceased, the loss of dependency works out to Rs.5,76,000/- (3000 x 12 x 16) after deducting 50% towards the personal expenses of the deceased.

It is significant to note that the Tribunal has awarded compensation of Rs.50,000/- towards loss of love and affection, for the loss of deceased who was expected to care in the old age of the claimants. It would be appropriate to award compensation of Rs. 1,00,000/-under this head, considering the old age of the parents, who had the ray of hope on the deceased for their survival in the evening of their life.

Further, a sum of Rs. 10,000/- deserves to be awarded towards loss of estate.

In all other aspects, the compensation awarded by the Tribunal is just and reasonable and does not call for any interference by this court.

Accordingly, the compensation awarded by the Tribunal stands modified as follows:-

1.

Loss of dependency

Rs. 5,76,000/-

2.

Loss of love & affection

Rs. 1,00,000/-

3.

Loss of Estate

Rs. 10,000/-

4.

Funeral Expenses

Rs. 20.000/-

5.

Transportation of dead body

Rs. 10.000/-

Total compensation

Rs. 7,16,000/-

In the result, the compensation awarded by the Tribunal is reduced to Rs.7,16,000/- as against Rs.9,44,000/-.

The awarded amount shall carry interest at 6% per annum from the date of the petition till the date of realization.

Accordingly, the appeal is allowed to the extent indicated above.

In view of disposal of main appeal, I.A. No. 1/2015 does not survive for consideration.