Allowed

National Insurance Co. Ltd. v. Smt Rabeeca Washington and Others

Uttarakhand HC4 Jul 2017AO/216/2015

Case brief

AI extract

What is this about?

The High Court allowed an insurance company's appeal against Motor Accidents Claims Tribunal compensation for a fatal accident. The court accepted deductions for personal expenses and fixed the total compensation at Rs. 3,08,000 with 6% annual interest.

What did the court decide?

Compensation fixed at Rs. 3,08,000 with 6% annual interest; order remitted to the Tribunal.

National Insurance Co. Ltd. Vs Smt Rabeeca… — Motor Accident Claims | Uttarakhand HC (2017)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Appeal from Order No. 216/2015

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National Insurance Co. Ltd. …. Appellant

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Versus

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Smt. Rabeeca Washington & Others .… Respondents

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Mr. Prabhat Pande, Advocate, for the appellant. None for the respondents.

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July 4 th, 2017

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Hon’ble Servesh Kumar Gupta, J.

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By means of this appeal, the judgment and order dated 31.1.2015 has been challenged by the insurance company.

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The claimants respondents were sufficiently served, but none appeared on their behalf to contest this appeal. Hence, this Court rendered hearing to learned Counsel of the appellant insurance company.

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This is not disputed that the accident occurred on 29.12.2011 around 3 AM when the deceased Ms. Isha Washington, a 17 years old girl, was travelling from Chandigarh to Ludhiyana along with other family members by car no. PB-10CW-7117. On account of dense dark, such vehicle was dashed with some unknown vehicle. As a result of this accident, Ms. Isha breathed her last on the next day 30.12.2011. This car, which was occupied by Ms. Isha and her family members, was insured with the appellant insurance company by a packaged policy. So, they instituted a claim petition no. 163/2012 claiming compensation of rupees fourteen crores seventy lakhs, whereagainst the Tribunal has awarded Rs. 4,04,000/-.

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Learned Counsel of the insurance company has argued that even if the base income of the deceased Ms.

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Isha is taken on the notional basis, then also one-half must have been deducted towards the personal expenses.

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I accept this argument. So, taking the annual income of Ms. Isha to be Rs. 36,000/- per annum and deducting one-half towards the personal expenses, the income comes to Rs. 18,000/- and on applying the multiplier of 16, as has been done by the Tribunal, the compensation is calculated as Rs. 2,88,000/-. This Court is not inclined to disturb the amount of Rs. 10,000/- awarded on the score of last rites and Rs. 10,000/- given for the loss of love and affection. This way, the total compensation comes to Rs. 3,08,000/-. The same shall be payable along with 6 per cent simple annual interest with effect from the date of institution of the petition till the actual payment is made.

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With the above modifications, this appeal stands allowed. Registry shall remit the compulsory statutory amount along with the interest accrued on it to the Tribunal concerned. Let the LCR be sent back.

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(Servesh Kumar Gupta, J.)

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Prabodh

National Insurance Co. Ltd. v. Smt Rabeeca Washington and Others

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Smt Rabeeca Washington and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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