Allowed

New India Ass. Co. Ltd. v. Santra Devi & Ors.

Punjab & Haryana HC28 Jan 2011FAO/4421/2010

Case brief

AI extract

What is this about?

The appellant Insurance Company Appealed against the compensation awarded for the death of a youth. The High Court modified the compensation, increasing the deduction for personal expenses to 50%, reducing the net loss, and adjusting the final award to 6,35,000 with a confirmation of liability apportionment.

What did the court decide?

The compensation to the claimants was modified to 6,35,000/- by revising the calculation of loss of dependency, adding 22,000/- for conventional heads of claim, confirming the apportionment of liabili

New India Ass. Co. Ltd. Vs Santra Devi & Ors. — Motor Accident Claims | Punjab & Haryana HC (2011)

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FAO No. 4421 of 2010

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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FAO No. 4421 of 2010 Date of decision January 28 , 2011

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New India Assurance Company Ltd.

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....... Appellant

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Versus

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Smt. Santra Devi and others

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........Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present:Mr. Paul S. Saini, Advocate for the appellant.

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Mr. Ashit Malik, Advocate

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Mr. G. S. Sidhu, Advocate for the respondent.

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Whether reporters of local papers may be allowed to see the judgment ? No

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To be referred to the reporters or not? No

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Whether the judgment should be reported in the digest?No

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K. Kannan, J (oral).

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The appeal is against compensation awarded at 7,35,000/- in a case of death of a 21 years old son to the claimants No. 1 and 2. Claimant Nos. 3 and 4 were sisters of the deceased. The deceased was a graduate and said to be earning by engaging private tuitions and also assisting his father in agriculture. Mother was 42 years of age and father was 43 years of age., In the manner of determination of compensation, the Tribunal took the income at 4,500/-, a deduction of 1/4^th for personal expenses and adopted a multiplier of 15.

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Learned counsel appearing on behalf of the Insurance Company who had the benefit of defence under Section 170 of

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FAO No. 4421 of 2010

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the Motor Vehicles Act argues that in the presence of parents the sisters could not have been treated as dependents. The provision for 1/4^th deduction for personal expenses was not appropriate for, there was prospect of marriage for a bachelor with a relative lower contribution, and Courts have suggested a higher percentage of deduction for personal expenses. Learned counsel seeks for reappraisal of the compensation in the light of the formula suggested by the Hon'ble Supreme Court in Sarla

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Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC

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121 . He also contends that income taken for the deceased was on the higher side. I do not propose to make any modification relating to the income but I would provide for 50% deduction for personal expenses and take the contribution to the family at 2250/- and apply a multiplier of 14 to take the loss of dependency at 3,78,000/-. I will provide for an additional sum of 22,000/- towards conventional heads of claim like loss of affection for parents, loss of estate and funeral expenses and add to medical expenses which has been provided for 2,35,000/-. The compensation that has to be awarded will be `6,35,000/-. The award already passed by the Tribunal shall stand reduced as above. The apportionment of liability shall be in the same manner as found by the Tribunal through the award.

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The award is modified and the appeal is allowed to the above extent. The amount of `25,000/- already deposited before this Court shall stand transmitted to the Tribunal and it shall be adjusted against the total liability as determined above. Any interim order which is already passed stand confirmed to this judgment.

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(K. KANNAN) JUDGE

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January 28, 2011 archana

New India Ass. Co. Ltd. v. Santra Devi & Ors.

Case brief

What is this about?

What did the court decide?

New India Ass. Co. Ltd. v. Santra Devi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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