The High Court allowed the insurance company's appeal in part. It reduced the multiplier from 17 to 16 and capped heads of claim at Rs.20,000, modifying the total compensation to Rs.3,78,400 with 6% interest.
Compensation modified to Rs.3,78,400/- with interest at 6% p.a. Appeal allowed in part.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
M.A.C.M.A. No.2280 of 2007
Dated 19-8-2010
Between:
The New India Assurance Co., Ltd., represented by its Branch Manager, 1st Floor, Chanumolu Complex, Rajagopala Chary Street, Governorpet, Vijayawada and another.
…Petitioners.
And:
Salgoori Vijaya and others.
…Respondents.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR M.A.C.M.A. No.2280 of 2007
COMMON JUDGMENT:
This appeal is preferred by the Insurance Company against the Judgment dated 8-5-2006 passed in M.V.O.P.No.31 of 2004 on the file of the Motor Vehicles Accidents Claims Tribunal at Warangal.
In this case also, the deceased who was the driver of Yezdi Motor Cycle bearing No.ADX 9304 died in the accident which is the subject matter of O.P.No.33 of 2004 which dealt with separate judgment delivered today in M.A.C.M.A.Nos.1939 of 2007 and 2161 of 2009.
The issue No.1 with regard to the involvement of the offending vehicle was already argued and considered in the aforesaid case which is also identical so far as issue No.1 in the present case is concerned. Hence for the sake of brevity, the contentions and findings are not repeated in the present case once
again. For the reasons mentioned in the Judgment in M.A.C.M.A.Nos.1939 of 2007 and 2161 of 2009, the contention of the learned counsel for the appellant regarding involvement of the vehicle in question is answered in favour of the claimant and against the appellants.
However, to the extent of claim for compensation is concerned, the deceased was aged 32 years and running welding works shop though it is alleged that he is earning Rs.4,000/- per month. The Tribunal was not satisfied with the evidence on record and on the basis of Exs.A.7 and A.8 Certificates i.e., Licence issued by the Municipality, Warangal and Certificate issued by Engineering & Iron Works Association respectively, it has treated that the deceased as a skilled workman and assessed his earnings at Rs.2,800/- per moth and applying the multiplier 17 to the age of the deceased at 32 years, the compensation of Rs.3,80,800/- was granted, apart from Rs.15,000/- towards consortium, Rs.10,000/- towards loss of estate, Rs.2,000/towards funeral expenses and Rs.2,000/- towards transportation expenses.
Learned counsel for the appellants contends that the amount with respect to the monthly earnings of the deceased have been assessed at a higher side, consequently, compensation was required to be scaled down.
I am however, not inclined to accept the said contention inasmuch as the deceased was a skilled worker and he would earn Rs.150/- per day as a skilled worker if not more. The assessment of monthly earning of Rs.2,800/- is therefore, not excessive. The Tribunal rightly deducted 1/3rd therefrom towards personal expenses. However, the multiplier applied is required to be scaled down to 16 instead of 17. The dependency therefore, would work out to Rs.3,58,400/- as against Rs.3,80,800/- awarded by the Tribunal. Similarly, the amount awarded under the heads loss of
consortium, loss of estate etc., is required to be awarded to the maximum of Rs.20,000/-. Thus, total compensation would work out to Rs.3,78,400/- which shall carry interest at 6% p.a., To that extent, award of the Tribunal shall stand modified. Accordingly, this M.A.C.M.A. is allowed in part to the extent indicated above. No order as to costs.
_____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 19-8-2010. Dvs
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
M.A.C.M.A. No.2280 of 2007
Dated 19-8-2010
2 issues framed by the court
Whether the compensation awarded by the Tribunal for motor vehicle accident should be modified regarding earnings and multiplier.
Whether the award for consortium and loss of estate heads should be scaled down to the maximum allowable limit.
The New India Assurance Co., Ltd.
Salgoori Vijaya
VILAS V. AFZULPURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
