The High Court dismissed the insurance company's appeal against the Motor Accident Claims Tribunal award. The court upheld the tribunal's compensation figure as it was permissible within the legal framework, despite counsel's argument for lower assessment.
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HIGH COURT OF JUDICATURE FOR RAJ'ASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 384212013
Shriram General Insurance CQ Ltd., through Regional Office, E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur -302022 (Raj.)
Versus
HON'BLE GUPTA B ai Order
11/01/2019
The present appeal is filed against the judgment and award dated 15.07.2013, passed by the Motor Accident Claims Tribunal & Sessions Judge No.17, laipur Metro, Jaipur (for short, "the tribunal"), whereby the tribunal awarded a sum of Rs.8,32,312/along with interest @ 6% per annum as compensation.
Learned counsel for the insurance company has submitted that the tribunal committed an error in awarding compensation on the higher side.
On the other hand, learned counsel for the claimants ha.s opposed the appeal and supported the impugned judgment and award.
submissions made by the learned counsel aterial available
compensation on account of death of Narsi Lal Meena in a motor vehicle accident wh ,2011. The tribunal rightly assessed th as Rs.5,315/per month i.e. Rs.63,78 fter considering the documentary evidence . As the deceased was aged about 34 years at t ent, therefore, in view of the judgment of Ho National Insurance Company Limited rs, reported in AIR 2017 SC 5157, an a added towards future % prospects of the deceasm c6~~~$s.25,512/-. Thus, the %-f %g*Z-*ia' income of the deceased comes to Rs.89,292/(63,780+25,512). Keeping in view the number of dependents, one fourth ('h) of the said income to be deducted towards personal expenses of the deceased. As the age of the deceased was 34 years at the time of accident, therefore, the multiplier of 16 would be applied to work out the dependency of the claimants. In this way, the amount of compensation comes to Rs.10,71,504/(89,2923/416). The
[CMA-3842/2013]
(3 of 3)
claimants would be further entitled to receive a sum of Rs.70,000/- towards conventional heads. Thus, the total amount of compensation receivable by the claimants comes to R~.11,41,504/-(10,71,504+70,000).
The tribunal awarded a sum of Rs.8,32,312/only. Therefore, the same does not call for any interference.
Accordingly, the appeal being devoid of merits and
(PRAKARGUPTA) + 5%
1 issue framed by the court
Whether Motor Accident Claims Tribunal erred in awarding compensation on the higher side in a case where calculation was based on correct principles but arrived at a different figure.
Colour shows how this judgement treated each authority
National Insurance Company Limited v. Sundaram Hattige GowdaReferred¶11
National Insurance Company Limited Reports in AIR 2017 SC 5157 · Who else cites this
1 provisions across 1 enactments
Shriram General Insurance Co Ltd
Narsi Lal Meena (Claimant)
Hon'ble Prakash Gupta
As recorded by the court registry
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