Partly allowed

Magma Hdi General Insurance Co. Ltd. v. Smt. Anand Kunwar and Ors.

Rajasthan HC9 Aug 2019CMA/220/2018

Case brief

AI extract

What is this about?

The Court allowed the insurance company's appeal to the extent of interest only. It held the compensation amount of Rs. 17,55,000 was appropriate based on Pranay Sethi. The interest rate was reduced from 9% to 6% per annum.

What did the court decide?

Miscellaneous appeal allowed to the extent of reducing the rate of interest from 9% per annum to 6% per annum.

Magma Hdi General Insurance Co. Ltd. Vs Smt. Anand Kunwar and Ors. — Insurance | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 220/2018

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Magma HDI General Insurance Co. Ltd. Through Senior Manager, Head Office - Magma House 24 Park Street, Calcutta, Branch Office - 3Rd Floor Prestige Tower, Near Amarpali Circle, Vaishali Nagar, Jaipur, Rajasthan.

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----Appellant

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Versus

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Smt. Anand Kunwar Wife Of Late Shri Lal Singhji, By Caste Rajput, Resident Of Naya Talab, Bambora, At Present Gudel, Tehsil- Salumbar, District - Udaipur.

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Surendra Singh Son Of Late Shri Lal Singhji, By Caste Rajput, Resident Of Naya Talab, Bambora, At Present Gudel, Tehsil- Salumbar, District - Udaipur.

¶8

Bhanwar Singh Son Of Late Shri Lal Singhji, By Caste Rajput, Minor Through Natural Guardian Her Mother Smt. Anand Kunwar Wife Of Late Shri Lal Singhji, Resident Of Naya Talab, Bambora, At Present Gudel, Tehsil- Salumbar, District - Udaipur.

¶9

Smt. Mohan Kunwar Wife Of Late Shri Bherusingh, By Caste Rajput, Resident Of Naya Talab, Bambora, At Present Gudel, Tehsil- Salumbar, District - Udaipur.

¶10

Bheru Singh Son Of Shri Bhopal Singh, By Caste Rajput, Resident Of Piyadi, Tehsil-Sarada, District Udaipur. Owner And Driver Of Vehicle Tractor No. Rj 27-Ra-9622

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----Respondents

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For Appellant(s)	: Mr. Dhanpat Choudhary
For Respondent(s)	: Mr. Sandeep Saruparia

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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09/08/2019

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This appeal is preferred by the Insurance Company assailing award dated 10.11.2017 passed by Motor Accident Claims Tribunal

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(2 of 3)

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[CMA-220/2018]

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(Additional District Judge), Salumber, District Udiapur whereby the Tribunal has awarded Rs.17,55,000/- as compensation to the claimants of deceased alongwith interest @ 9% per annum with regard to an accident happened on 20.1.2016. Deceased Lal Singh was riding motor-cycle when he met with an accident on account of rash and negligent driving of tractor. The tractor was found at the site and the deceased was survived by his wife, two children and old mother. The income of deceased was proved to be Rs.10,000/- per month as his employer was produced. His age was 40 years at the time of death and accordingly an award has been passed.

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Counsel for the appellant submits that the offending vehicle, which was insured with appellant-Company cannot be said to be involved in the accident. Counsel further submits that the amount awarded on conventional heads is on higher side and the amount of Rs.1,60,000/- for the loss of consortium is unreasonable. He also submits that the income assessed was also on higher side.

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I have considered the submissions and find that there was no plea taken of non-involvement of vehicle by the Insurance Company before the Tribunal. The employer was produced before the Tribunal, who stated of having engaged the deceased on a monthly salary of Rs.10,000/-. It is noticed that the learned Tribunal has applied the principles laid down in the judgment of National Insurance Company Ltd. Vs. Pranay Sethi , reported in AIR 2017 SC 5157 with regard to granting sum of Rs.1,60,000/- as loss of consortium. It is noticed that the amount has been awarded treating individual loss to each of the claimants. There is no bar in granting such award. As regards other heads

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(3 of 3) [CMA-220/2018]

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are concerned, the award has been passed in terms of Pranay Sethi (supra). Accordingly, the amount of Rs.17,55,000/- is found to be in accordance with the settled principles and no interference on that count is warranted. As regards interest, this Court finds that the accident occurred in 2016 and the prevalent rate of interest is on the lower side. Accordingly, the rate of interest is reduced from 9% per annum to 6% per annum. To that extent the award is modified.

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In view thereof the misc. appeal is allowed to the aforesaid

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extent of interest only.

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(SANJEEV PRAKASH SHARMA),J

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46-Sanjay/-

Magma Hdi General Insurance Co. Ltd. v. Smt. Anand Kunwar and Ors.

Case brief

What is this about?

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Magma Hdi General Insurance Co. Ltd. v. Smt. Anand Kunwar and Ors.

Case brief

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