Appeal against an award of compensation for death in a road accident. The court upheld the Tribunal's award noting the proper multiplier was applied and dismissing the plea despite being decided against a claimant.
Appeal dismissed; entire award released in favour of claimants forthwith.
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Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 4260 of 2011
Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Mithlesh Alias Kamlesh And Others Counsel for Appellant :- Amit Manohar Counsel for Respondent :- Rajesh Shukla
Hon'ble Ajit Kumar,J.
This appeal is directed against the award dated 13th of September, 2011 passed by the Motor Accident Claims Tribunal allowing Claim Petition No. 15 of 2010 for compensation of Rs. 3,21,500/(rupees three lac twenty one thousand five hundred).
It is the case of death in a road accident occurring on 27.11.2009, where the deceased, who was the bachelor, suffered fatal injuries and died on the spot at the age of 19 years.
The arguments advanced by the learned counsel for the appellant for assailing the award is that Tribunal manifestly erred in making deduction of amount of 50% towards personal expenses while admittedly the injured was bachelor.
However, I find that the multiplier of 13 has been applied while computing the assessment of the income. Admittedly, the award is of 13.09.2011.
The decision of the Hon'ble Supreme Court in the case of Smt. Sarla Verma vs Delhi Transport Corporation and another , reported in 2009 (6) SCC 121, had already laid down guidelines of deductions and multiplier to be applied. Sarla Verma's case has found approval of three Judges Bench in Reshma Kumari and others vs Madan Mohan and another, reported in 2013 (9) SCC 65 and both the judgments have found approval in the latest Constitution Bench judgment in the case of National Insurance Co. Ltd vs Pranay Sethi and others, (Special Leave Petition (Civil) No. 25590 of 2014) decided on 31st October, 2017.
It is now well settled and applying that law a correct multiplier should have been applied as per the chart table given in the case of Sarla Verma
(supra).
However, this is not the appeal of the claimant, so nothing more can be added. Suffice it to say that in other heads including the loss of the estate consortium, love and affection much less amount has been awarded.
I do not find any good ground to interfere with the award.
The appeal lacks merit and is accordingly dismissed.
The entire award deposited before the Tribunal shall released in favour of the claimants forthwith. Order Date :- 24.7.2018 Sazia
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in applying the multiplier and deducting personal expenses.
Whether the High Court should interfere with the award of compensation in a fatal road accident claim.
National Insurance Co. Ltd.
Smt. Mithlesh Alias Kamlesh And Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
