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Jammu & Kashmir High Court

Union Of India And Others vs Sanjay Sharma And Others on 9 August, 2018

Equivalent citations: AIRONLINE 2018 J AND K 104

                        HIGH COURT OF JAMMU AND KASHMIR
                                   AT JAMMU

MA No. 128/2016
IA No. 01/2017

                                                                  Date of decision: 09.08.2018
Union of India and others               vs.                          Sanjay Sharma and others
Coram:

              Hon'ble Mr. Justice Janak Raj Kotwal, Judge
Appearance:

For the appellant/petitioner(s) :     Mr. Sumit Bhatia, Adv.

For the respondent(s)          :      Mr. Sudesh Sharma, Adv.

   (i)    Whether to be reported in
          Press, Journal/Media                :          Yes/No

   (ii)   Whether to be reported in
          Journal/Digest                      :          Yes/No

          Heard learned counsel for the parties.

The Union of India is in appeal against judgment and award dated 18.04.2016, whereby in claim No. 115/claim, learned Motor Accident Claims Tribunal (Additional District Judge), Udhampur has awarded compensation of Rs. 37,85,000/- to the respondents 1 to 3 (claimants) on account of death of Smt. Anuradha Sharma aged 38 years in a road traffic accident involving Army Vehicle bearing registration No. 02K-7224X. Respondent No. 1 (claimant) Sanjay Sharma is the husband of the deceased and respondents 2 and 3 are their minor children. The accident had occurred on 30.07.2013 at a place called Omara, District, Udhampur.

Learned Tribunal after inquiry found that the accident has occurred due to rash and negligent driving of the offending vehicle by its driver. The deceased was a Government servant. Her salary as at the time of the accident was found as Rs. 20,000/-, which was notionally increased by 50 per cent to Rs. 30,000/-. The personal and living expenses were taken as one-third of the income and in that monthly loss of dependency suffered by the claimant was taken as Rs. 20,000/-. By MA Nos. 128/2016 Page 1 of 3 applying the multiplier of 15, learned Tribunal awarded Rs. 36,00,000/- (20,000x12x15) as compensation for loss of dependency. In addition the learned Tribunal awarded Rs. 15,000/- for funeral and other expenses, Rs. 70,000/- for loss of consortium and Rs. 1,00,000/- for care and guidance of the minor.

Learned counsel for the appellants submitted that the husband of the deceased, who as per his own admission is a retired Army personnel, could not have been treated as dependant of the deceased and in that the number of dependents should have been taken as two instead of three as taken by the learned Tribunal. It is submitted also that as per the law laid down by the Supreme Court in National Insurance Company Limited v Pranay Sethi and others decided on 31.10.2017, the compensation for loss of consortium should have been Rs. 40,000/- only and no compensation could have been awarded for loss of care and guidance for the minors as no such head has been recognized in death cases.

Learned counsel for the claimants in his fairness admits that compensation for loss of consortium should be Rs. 40,000/- and no compensation should have been awarded under the head loss of care and guidance for the minor. In regard to the number of dependants, learned counsel pointed out that as per the rule laid down in Sarla Verma and others v Delhi Transport Corporation and others, 2009(3) Supreme 487, the deduction towards personal and living expenses in a case where number of dependant is two or in case where number of dependant is three, is the same, so no error can be said to have been committed by the learned Tribunal in taking one-third of the income towards personal and living expenses of the deceased.

For aforementioned, this appeal is partially allowed and the award passed by the learned Tribunal is modified as under:

1. the compensation awarded for loss of consortium is reduced from Rs. 70,000/-

to Rs. 40,000/-,

2. the award to the extent of Rs. 1,00,000/- as compensation for loss of care and guidance for minor is set aside.

In a nutshell, the award is reduced from Rs. 37,85,000/- to 36,55,000/-. All other conditions including the rate of interest as provided under the impugned award and judgment shall similarly apply. The appellant shall deposit the entire award amount before the learned Tribunal within four weeks hereafter. The claimants shall seek its release from the learned Tribunal. The statutory amount of Rs. 25,000/-, if deposited in this Court, shall be remitted back along with proportionate interest to the appellant.

Disposed of.

(Janak Raj Kotwal) Judge Jammu:

09.08.2018 Rakesh MA Nos. 128/2016 Page 3 of 3