Partly allowed

National Insurance Company Limited v. Siya Shankar Gawade and Ors.

Bombay HC25 Apr 2013FA/513/2012

Case brief

AI extract

What is this about?

Insurance Company appealed against a Motor Accidents Claims Tribunal award granting Rs.32,17,000 compensation. The High Court applied the multiplier from Sarla Verma, reducing the calculated death compensation component to Rs.30,00,000 while keeping other components unchanged, resulting in a total of Rs.31,17,000.

What did the court decide?

Award modified; compensation figure substituted from Rs.32,17,000 to Rs.31,17,000.

National Insurance Company Limited Vs Siya Shankar Gawade… — Medical Negligence | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO.513 OF 2012

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National Insurance Company Ltd.
Claims Hub, 5th Floor, Sterling Cinema Building Fort, Mumbai 400 001. Vs.	.. Appellant.
1. Smt.Siya Shankar Gawade Aged 25 years, Occ. Household	..
2. Kum. Manasi Shankar Gawade Aged 4.5 years, Occ. Nil	..
3. Kum. Aditi Shankar Gawade Aged 2.5 years, Occ. Nil	..
4. Babaji Shankar Gawade Aged 78 years, Occ. Nil	..
5. Mrs. Pushpalata Babaji Gawade
Aged 72 years, Occ. Household Applicant Nos.2 and 3 are minor through his GAL Applicant No.1. All applicants R/o At and Post Digas, Tal. Kudal District Sindhudurg	..
6. Mrs. Jovita Liza Fernandes
Aged 40 years, Occ. Business R/o. House No.311, Santvado Banda,
Assolna (P.O.) Margao,
Santh Goa, Goa 403 701	..
7. Remedios Rosario D'Souza Aged 40 years, Occ. Driver, R/o. H.No.368, Macazana,
Curtorim, Salcette, Goa	..
8. Shabankar Gajanan Panvelkar
Aged 45 years, Occ. Business
R/o. Baherchawada, Sawantwadi,
Taluka Sawantwadi, Dist. Sindhudurg	..
9. Arun Janardhan Godkar
Aged 38 years, Occ. Doctor,
Taluka Vengurla, Dist. Sindhudurg	.. Respondents.

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Mr. Rahul Mehta i/b KMC Legal Venture for the appellant. Mr. T. J. Mendon for respondent nos. 1 to 5.

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CORAM : A. H. JOSHI, J.

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DATED : 25TH APRIL, 2013.

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JUDGMENT :

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This is an appeal by the insurance company.

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The award under challenge for payment of compensation reads as follows :-

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“2. The Opponent Nos.1 to 3 shall jointly and severally pay compensation of Rs.32,17,000/(Rs.Thirty Two Lacs Seventeen Thousand only) to the Petitioner Nos.1 to 5 alongwith future interest at the rate of 6% per annum from the date of the petition till its full realization, including N. F. L. amount if paid.

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After deposit, the compensation be distributed amongst petitioners 1 to 5 equally and the compensation coming to the respective share of petitioner Nos. 2and 3 being minors, be deposited in any bank of the choice of petitioner No.1 in the Fixed Deposit till they attain majority and after maturity, it be paid to them.

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Out of compensation coming to the share of petitioners 1, 4 and 5, 50% of each be deposited in Fixed Deposit in any Nationalized Bank of the choice of petitioners for the period of 3 years and after

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maturity, it be paid to them. Remaining amount of compensation be paid to petitioner Nos.1, 4 and 5. The payment of the compensation be made by issuing the cheques.”

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(quoted from Page 23 and 24 of appeal paperbook)

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During the course of hearing it has transpired that the annual income of deceased was proved to be Rs.3 Lakhs, and after deducting 1/3rd annual dependence @ Rs.2 Lakhs per year was accepted by the Tribunal.

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The multiplier applied is 16.

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Considering the ratio as laid down in Sarla Verma & Others Vs. Delhi Transport Corporation and Anr. (2009) 6 SCC 121, and ages of deceased and the dependence this court considers that the multiplier should be 15 in place of 16.

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In the result the amount of compensation would be Rs.2 Lakhs multiplied by 15 X 2 Lakhs i.e. Rs.30,00,000/- (Rupees Thirty Lakhs Only).

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Compensation payable under other heads would remain unchanged.

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Hence following order is passed :-

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(A) Operative part of the Award is modified as

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follows :-

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The figure of compensation referred to in para (2) of order impugned shall be substituted by figure Rs.31,17,000/- (Rupees Thirty One Lakhs Seventeen Thousand only)

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(B) Rest of the award shall remain unchanged.

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(C) Amount of Rs.25,000/- deposited by appellant in this court shall be transferred to the tribunal for compliance of the award.

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(A. H. JOSHI, J.)

National Insurance Company Limited v. Siya Shankar Gawade and Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Siya Shankar Gawade and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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