Vimla And Ors vs Hari Singh And Ors

The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Udaipur vide Award dated 28.06.2011 in Motor Accident Claim Case No. 518/2011.

The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Udaipur for grant of compensation. The reply was filed on behalf of the respondent-insurance company denying the allegations in the claim petition. 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 appellants and awarded a sum of Rs. 15,70,000/- in favour of the appellants and directed the respondents to pay an interest @ 8% per annum on the amount awarded.

Heard learned counsel for the parties.

Learned Counsel for the appellants submits that the salary which has been taken into account for computation of the monthly income of the deceased is Rs. 14,960/-per month, whereas, it should have been Rs. 15,916/- per month as per salary certificate Ex.13 which is produced on record by the appellants. He submits that the learned tribunal erred while considering the monthly salary of Rs.14,960/- instead of gross salary Rs.15,916/-. He further submits that the 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 @ 30% while computing the compensation in the present case as the deceased was a government employee and was 46 years of age.

Per contra, learned counsel for the respondents submit that the amount of salary to the tune of Rs. 15,916/- will be computed after deduction of the income tax and they are not in a position to dispute the proposition of future prospects as laid down in the case of Pranay Sethi (supra).

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

Considering the submissions made at the Bar, the award dated 28.06.2011 is required to be recomputed in light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi & ors (supra).

The computation which is required to be done in the present case is as under :-

For future prospects :-

30% of Rs. 1,81,893/-

(Annual Income of deceased)

(Rs. 15,916/- x 12 = Rs. 1,90,992/-

Rs. 1,90,992/- - Rs. 1,00,000/-

(tax free income) Rs. 90,992/- - 10% (income tax deduction) = Rs. 81,893/-

(Rs. 1,00,000/- + Rs. 81,893/- = Rs. 1,81,893)

Rs. 54,567/-

Rs. 1,81,893/- + Rs. 54,567/-

Rs. 2,36,460/-

Amount to be deducted as spent on himself.

Rs. 2,36,460/- 1/4th = Rs. 59,115/-

Dependence Amount

Rs. 2,36,460/- - Rs. 59,115/- = Rs. 1,77,345/-

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

(I)

Compensation due to death

1,77,345/- x 13

Rs. 23,05,485/-

(II)

Loss of Consortium (+)

Rs. 40,000/-

(III)

For the Loss of Estate (+)

Rs. 15,000/-

(IV)

Funeral Expenses (+)

Rs. 15,000 /-

Total

Rs. 23,75,485/-

Amount awarded by the Tribunal vide award dated 28.06.2011 (-)

Rs. 15,70,000/-

Enhanced amount

Rs. 8,05,485/-

Consequently, in view of the calculation made above, the appellants-claimants are entitled for an amount of Rs. 8,05,485/-in addition to the amount already awarded by the learned tribunal vide its Award dated 28.06.2011. The appellants are also entitled to an interest @ 7.5% on the enhanced amount from the date of filing of the claim petition. The enhanced amount be paid with an interest @ 7.5% per annum within a period of eight weeks from today.

The appeal stands disposed of accordingly. The record be sent back to the learned tribunal forthwith.