Partly allowed

New India Assurance Company v. Ranjeet Singh and 6 Others

Allahabad HC16 Sept 2019FAFO/225/2019

Case brief

AI extract

What is this about?

This first appeal challenged the Tribunal's compensation award in a motor accident claim. The Court held that the multiplier for a 19-year-old deceased should be 18 and the deduction for a bachelor should be one half. Interest was enhanced to 9%. The appeal and cross-objections were partly allowed with recalculated amounts.

What did the court decide?

Judgment and decree modified; interest rate set at 9%; recalculated compensation to be deposited/refunded by Insurance Company within 12 weeks.

New India Assurance Company Vs Ranjeet Singh and 6… — Specific Performance | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- FIRST APPEAL FROM ORDER No. - 225 of 2019

¶3

Appellant :- New India Assurance Company Respondent :- Ranjeet Singh And 6 Others Counsel for Appellant :- Manish Kumar Nigam Counsel for Respondent :- Mohd. Saleem Khan

¶4

Hon'ble Dr. Kaushal Jayendra Thaker,J.

¶5

1. Heard Shri Manish Kumar Nigam, learned counsel for the appellant and Shri Mohd. Saleem Khan, learned counsel for the respondents.

¶6

2. This appeal, at the behest of New India Assurance Company, has been preferred against the judgment and award dated 29.10.2018 passed by III Additional and Sessions Judge/Motor Accident Claims Tribunal, Pilibhit (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.44 of 2016 awarding a sum of Rs.12,23,500/- with interest at the rate of 7% per annum.

¶7

3. The facts are not in dispute the policy being in vogue is not in dispute. There are no breach of policy conditions. The dispute relates to compensation, it is submitted that the deceased was bachelor at the time of accident and therefore one half should have been deducted towards the personal expenses of the deceased. The tribunal should not have taken rotional income Rs.4,000/- per month.

¶8

The claimants were not dependent on the deceased and therefore they could not have been granted amount more than no fault liability amount. It is further submitted that as per judgment in Sarla Verma vs. Delhi Transport Corporation, (2009) 6 SCC 121, multiplier of 19 could not have been granted. It is further submitted that the FIR was belated.

¶9

4. The deceased being 19 years of age his rotional income of Rs.4,000/- cannot be said to be on higher side. The addition of 40% would have to be made whereas the tribunal has granted Rs.4,000/- and added only 10% and thereafter the deduction should be 1/2 which would mean Rs.4,000 + Rs.1600 divided by 2 which would be Rs.2800 x 12 x 18 which is equal to Rs.6,04,800/- + 70,000/- = 6,74,800/which is marginally different then what the tribunal has granted by way of compensation for the death of 19 years old. It is submitted by the counsel for the respondent claimant that the interest should 9% as per the judgment of this Court.

¶10

5. The rate of interest will have to be 9% in view of the judgment of the Division Bench of Lucknow Bench in F.A.F.O. No. 199 of 2017 (National Insurance Company Limited Vs. Lavkush and another) decided on 21.3.2017

¶11

which has been followed by this Court time and again and which will enure for the benefit of the appellants.

¶12

6. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited with interest at the rate of 9% from the date of filing of the claim petition till the amount is deposited. The amount be deposited within a period of 12 weeks from today. The amount already deposited be deducted from the amount to be deposited.

¶13

7. The appeal has to be partly allowed on the two grounds as per settled legal principles that multiplier for the death of 19 years has to be 18 and not 19. and that deduction has to be 1/2 and not 1/3 for the death of bachelor.

¶14

8. On these two counts, the amount is being recalculated as herein above. The rate of interest would be 9%. The amount be recalculated as herein-above. The amount of medical expenses granted by the tribunal namely Rs. 5,34,700/- remains unchanged. The amount be recalculated by the Insurance Company and if the amount is yet not deposited, the said amount be deposited within 12 weeks. If the amount is deposited, the Tribunal shall on recalculation, pass the

¶15

orders for refunding the amount to the Insurance Company, rest of the amount to paid to the claimants.

¶16

9. The appeal is partly allowed . Oral cross objection is also partly allowed .

¶17

10. This Court is thankful to both the counsels to see that this very old matter is disposed of.

¶18

Order Date :- 16.9.2019 A.N. Mishra

New India Assurance Company v. Ranjeet Singh and 6 Others

Case brief

What is this about?

What did the court decide?

New India Assurance Company v. Ranjeet Singh and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kallu Prasad and Another Vs Raj Kumar Sahu and Others

U.P.S.E.Board Vs M/S Sai Steel Industries

National Insurance Co. Vs Smt. Puspa Devi and Others

Abbas Ahmad Vs Ali Hasan

Mewa Lal Vs Vishwanath and Another

U.P.S.R.T.C. Vs Smt. Raj Kumari and Ors.