Supreme Court - Daily Orders
Sudesh Juneja(Dead) vs National Insurance Company Ltd. on 17 April, 2023
Bench: A.S. Bopanna, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2831/2023
(Arising out of SLP ( C) No. 25126 of 2018)
SUDESH JUNEJA(DEAD) & ORS. APPELLANT(S)
VERSUS
NATIONAL INSURANCE COMPANY LTD. & ORS. RESPONDENT(S)
J U D G M E N T
Leave granted.
Heard learned counsel for the parties and perused the appeal papers.
The appellants/claimants are before this Court seeking for enhancement of the compensation as against the sum awarded by the Motor Accidents Claims Tribunal (For short `MACT’). In respect of the accident which occurred on 15.03.1997, the MACT through its judgment and award dated 10.11.1998 had awarded the compensation of Rs. 14,50,000/- with interest @ 12% per annum.
The Insurance Company was before the High Court assailing the said award. The appellants no doubt did not file an appeal initially but had however had filed a Cross-Objection in the appeal which had been filed by the Insurance Company. There was however a delay in filing the cross-objection. The High Court Signature Not Verified through its judgment dated 25.10.2017 dismissed the appeal as Digitally signed by Rajni Mukhi Date: 2023.04.20 14:55:39 IST Reason: well as the cross-objection. It is in that light, the appellants are before this Court in this appeal. 1 C.A.NO.2831/2023 Having heard learned counsel for the parties, though the learned counsel for the Insurance Company contends that the consideration for enhancement would not arise inasmuch the cross objection being dismissed on the ground of the claim for enhancement being made belatedly, we are of the opinion when the `just compensation’ is required to be determined, the technicality in that regard should not come in the way of the appellants.
Be that as it may, taking note that the award has not been accepted as final by the appellant, the appropriate compensation is required to be determined. In that regard, we note that the salary of the deceased who was working as Deputy General Manager in Telecommunication Department was reckoned as Rs.15,447/- per month. He was aged about 48 years. The future prospects in that event will have to be awarded at 30% of the salary which would be in a sum of Rs.4634/-. Hence, the total income to be taken would be Rs.20,081/- of which 1/3rd is to be deducted as self-expenses that in a sum of Rs.6,693/-. Hence, the Loss of dependency per month would be in a sum of Rs. 13,388/-. If the same is reckoned on the annual basis and the multiplier of `13’ is applied, the amount would be in a sum of Rs. 20,88,528/-. Rs. 70,000/- is to be awarded towards `Conventional Heads’. Total compensation, therefore, would be in a sum of Rs. 21,58,528/-. Since MACT had awarded a sum of Rs.14,50,000/-, 2 C.A.NO.2831/2023 the claimants would be entitled the enhanced compensation of Rs.7,08,528/- . Towards enhanced portion of the compensation, we award interest at 6% per annum from the date of the petition before the MACT.
We make it clear that the Respondent No.1-Insurance Company while depositing the amount shall be entitled to deduct the interest for the period of delay which was reckoned by the High Court while rejecting the cross-objection. The amount shall be deposited by the Respondent No.1-Insurance Company before the MACT within a period of six weeks from the date of receipt of a copy of this judgment, whereupon the amount shall be disbursed to the claimants.
The appeal is, accordingly, disposed of.
……………………………………………………J. [A.S. BOPANNA] ……………………………………………….J. [HIMA KOHLI] NEW DELHI;
APRIL 17, 2023
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ITEM NO.5 COURT NO.12 SECTION IV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal ( C) No. 25126 of 2018 (Arising out of impugned judgment and order dated 25.10.2017 passed by the High Court of Punjab and Haryana at Chandigarh in CM-2-CII- 2015 in XOBJC-I-CII-2015 in FAO No. 2305 of 1999 ( O & M) SUDESH JUNEJA(DEAD) & ORS. Appellant(s) VERSUS NATIONAL INSURANCE COMPANY LTD. & ORS. Respondent(s) (IA No. 124622/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 17-04-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Appellant(s) Mr. Piyush Hans, Adv.
Mr. Rakesh Hans, Adv.
Mr. Vishwa Pal Singh, AOR Mr. Surjeet Singh, Adv. Mr. P. S. Tomar, Adv.
For Respondent(s) Ms. Hetu Arora Sethi, AOR Mr. Vikas Verma, Adv.
Mr. Sapna Verma, Adv.
Mr. Shafik Ahmed, Adv.
Mr. Nandlal Kumar Mishra, Adv. Mr. Mayank Chaudhary, Adv. Mr. Ram Kishor Singh Yadav, AOR Mr. Pavan Kumar, AOR Ms. Neelam, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Parashu Ram Mandal, Adv.
Mr. Ranjan Kumar Pandey, AOR Mr. K.k Bhat, Adv.4 SLP ( C) No. 25126 of 2018
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of signed judgment.
Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)
(Signed judgment is placed on the file) 5