Patna High Court - Orders
Shanti Devi & Ors vs National Insurance Company Ltd on 26 November, 2012
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No. 890 of 2011
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1. Shanti Devi wife of Late Dhannu Mahto
2. Umesh Prasad son of Late Dhannu Mahto
3. Ashok Kumar son of Late Dhannu Mahto
4. Udai Kumar son of Late Dhannu Mahto
5. Manorama Kumari D/O Late Dhannu Mahto
(Appellant no.5 being minor being represented her mother and
natural guardian appellant no.1)
All resident of village - Ukhra, Police Station: Wazirganj, District -
Gaya
(All applicant nos. 1 to 5 respectively) .... .... Appellants.
Versus
1. National Insurance Company Limited through Branch Manager,
Sanctum, 85 G.B. Road, Gaya.
2. Satyendra Kumar Singh son of Naresh Prasad Singh, resident of
Village - Bhura, P.O. Kenarchatti, P.S. Wazirganj, District - Gaya.
( Owner of Jeep No. BR-2B/2182 )
3. Birendra Kumar Roy son of Late Harihar Maharaj, resident of
Village & P.O. Kenarchatti, P.S. Wazirganj, District - Gaya.
( Driver of Jeep No. BR - 2B / 2182)
.... .... Respondents.
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Appearance :
For the Appellant/s : Mr. Kumar Dhirendra Pratap Singh
For the Respondent/s : Mr. Ashok Priyadarshi
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
6. 26-11-2012Heard Sri Kumar Dhirendra Pratap Singh, learned counsel for the appellants and Sri Ashok Priyadarshi, learned counsel for the respondent no. 1/National Insurance Company Ltd.
Since the present appeal has been preferred against Judgment dated 26-03-2011 and Award dated 2 Patna High Court MA No.890 of 2011 (6) dt.26-11-2012 2/6 13-06-2011 in Motor Accident Claim Case No. 38 of 2010/14 of 2003 by the learned Additional District Judge, Fast Track Court-IV-cum-Motor Vehicle Accident Claim Tribunal, Gaya (hereinafter referred to as "Tribunal") for enhancement of compensation amount, which has been directed to be paid by the insurer of the offending vehicle i.e. respondent no. 1/National Insurance Company Ltd. and the respondent no. 1 /insurer has not preferred an appeal, the Court is of the opinion that without issuance of notice to owner and driver of the vehicle i.e. respondent nos. 2 & 3 respectively, this appeal can be disposed of.
Short fact of the case is that on 12-06-2002, while husband of the appellant no. 1 was moving on foot, he was dashed by a Jeep, bearing registration no. B.R.-2B-2182 and thereafter, the husband of the appellant no. 1, namely; Dhannu Mahto died.
The case is that the offending Jeep, at the time of accident, was being driven rashly and negligently and this was the reason for accident. After the death, claim petition was filed, claiming compensation of Rs. 3,43,000/- by five 3 Patna High Court MA No.890 of 2011 (6) dt.26-11-2012 3/6 claimants, who are appellants before this Court. With regard to income of the deceased, it was claimed that he was having income of Rs. 3,000/- per month, however; on the basis of evidence brought on record, the learned Tribunal was not satisfied with the claim of income and as such, the learned Tribunal, on the basis of Notification issued by the Government of Bihar to show minimum wage of unskilled labour, as applicable in the year 2003, had considered the income of deceased as Rs. 61.98 i.e. Rs. 62/- per day. The deceased was at the time of accident aged about 46 years.
Learned counsel for the claimants/appellants, while pressing the appeal, has confined his prayer for deducting personal expenses of the deceased to the extent of 1/4th instead of 1/3rd as done by the Tribunal and secondly, he had prayed for directing the respondent no. 1/insurer of the offending vehicle to pay interest of compensation amount from the date of filing of the claim petition, whereas, the learned Tribunal has directed for paying the interest on compensation amount at the rate of 8% from the date of order i.e. order of the Tribunal. Learned counsel for 4 Patna High Court MA No.890 of 2011 (6) dt.26-11-2012 4/6 the appellants, claiming deduction of 1/4th, has relied on a judgment of Apex Court, reported in AIR 2009 SUPREME COURT 3104 (Smt. Sarla Verma & Others -Versus- Delhi Transport Corporation & Another). He also submits that as per settled law, the interest on the compensation amount is required to be paid from the date of filing of the claim petition, not from the date of order. Both the points were not disputed by Sri Ashok Priyadarshi, learned counsel for respondent no. 1/insurer of the offending vehicle. It is not in dispute that at the time of accident, the vehicle in question was under insurance cover of the respondent no. 1. Since both the parties have agreed for modifying the Judgment and Award of the learned Tribunal to the extent of granting deduction as 1/4 th from the annual income of the deceased and also for paying the interest amount from the date of filing of the claim petition till the date of payment, the present appeal is being allowed, as per the income of the deceased i.e. Rs. 62/- per day, the annual income of deceased comes to Rs. 22,630/- (i.e. Rs. 62/- X 365 = Rs. 22,630/-), which is to be multiplied with 13, as per 5 Patna High Court MA No.890 of 2011 (6) dt.26-11-2012 5/6 Schedule-II of the M.V.Act and as such, after multiplying the said amount comes to Rs. 2,94,190/- (i.e. Rs. 22,630/- X 13 = Rs. 2,94,190/-). From the annual income, 1/4th is required to be deducted in view of Sarla Verma's Case (supra), as personal expenses of the deceased and thereafter, amount comes to Rs. 2,20,643/- [i.e. Rs. 2,94,190/- - Rs. 73,547/-{i.e. Rs. 2,94,190/- X 1/4 = Rs. 73,547.50 (say Rs. 73,547/-)} = Rs. 2,20,643/-]. The Funeral Expenses, Loss of Estate etc., which have been granted by the learned Tribunal, as Rs. 9,500/- appears to be reasonable, which is to be added with the compensation amount and thereafter, total compensation amount comes to Rs. 2,30,143/- (i.e. Rs. 2,20,643/- + Rs. 9,500/- = Rs. 2,30,143/-). Similarly, the appellants are also entitled to get interest from the date of filing of the claim petition and as such, Judgment and Award dated 26-03-2011 and 13-06-2011 respectively is modified to aforesaid extent. The respondent no. 1/insurer of the offending vehicle is directed to pay the aforesaid amount after deducting the amount already paid to the claimants/appellants alongwith interest at the rate of 8% 6 Patna High Court MA No.890 of 2011 (6) dt.26-11-2012 6/6 from the date of filing of the claim petition till the date of payment. The insurer of the offending vehicle i.e. Respondent No. 1 is directed to pay the remaining compensation amount with interest, as aforesaid, within a period of two months from the date of receipt/production of a copy of this order. The Respondent No. 1 is further directed to pay interest on the amount already paid at the rate of 8% per annum from the date of filing of claim case till the date on which payment was made.
Accordingly, with above observation, the appeal stands allowed.
(Rakesh Kumar, J.) Anay