Punjab-Haryana High Court
National Insurance Company Limited vs Raja And Others on 25 March, 2014
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.1970 of 1995 (O&M)
Date of decision: 25.03.2014
National Insurance Company Limited ... Appellant
versus
Raja and others .... Respondents
& FAO Nos.1971 to 1975 of 1995, 294 to 298 of 1997 and
Civil Revision Nos.3616 to 3619 of 1995 (O&M)
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
Present: Mr. Neeraj Khanna, Advocate,
for the appellant/petitioner in FAO Nos.1971 to 1975 of
1995 and Civil Revision Nos.3616 to 3619 of 1995 and
for respondent No.5 in FAO Nos.294 to 298 of 1997.
Mr. S.S.Dinarpur, Advocate,
for the appellants in FAO Nos.294 to 298 of 1997 and
for respondents 1 to 6 in FAO No.1970 of 1995,
for respondents 1 to 11 in FAO No.1972 of 1995,
for respondents 1 and 2 in FAO No.1973 of 1995,
for respondent No.1 in FAO No.1974 of 1995.
----
1. Whether reporters of local papers may be allowed to see the
judgment ? No.
2. To be referred to the reporters or not ? No.
3. Whether the judgment should be reported in the digest ? No.
----
K.Kannan, J. (Oral)
1. All the appeals are connected. The appeals in FAO Nos.1970 to 1975 of 1995 and the Civil Revision Nos.3616 to 3619 of 1995 are at the instance of the Insurance Company. In a macabre accident involving the collision, a truck carrying a dead body and Kumar Sanjeev 2014.03.28 17:08 FAO No.1970 of 1995 (O&M) -2- some mourners travelling along with the dead body with yet another truck bearing registration No.HRT-1025, 6 of the persons travelling in the truck along with the dead body were also died. The Tribunal found both the trucks to be responsible for the accident and apportioned the liability on the respective owners and drivers in the ratio of 50:50. There was no insurance for the vehicle No.HRT- 1025 but there had been an insurance for the vehicle in which the representatives of the claimants for deceased and some of the injured were travelling. All the appeals by the Insurance Company are for singular consideration of whether the insurer could be liable for passengers in a truck. They shall not be liable, for, there exists no policy cover to cover the risk of passengers, who were passengers in a truck, as laid down in New India Assurance Company Limited Versus Asha Rani-(2003) 2 SCC 223. The liability of 50% cast on the insurer was, therefore, untenable. All the appeals and the civil revisions filed by the Insurance Company in FAO Nos.1970 to 1975 of 1995 and Civil Revision Nos.3616 to 3619 of 1995 are allowed.
2. The claimants shall have a right to work out the rights against the respective owners and drivers of both the trucks in the ratio of 50:50 in the same manner as determined by the Tribunal already. Their own claims for enhancement of compensation are sought to be reappraised in their appeals in FAO Nos.294 to 298 of 1997. The tables of compensations are worked out as under:-
Kumar Sanjeev 2014.03.28 17:08 FAO No.1970 of 1995 (O&M) -3- FAO No.294 of 1997 Age 45 (50 years as per postmortem certificate) Occupation Housewife, tailoring and piggery Claimants: Husband, 3 sons (out of them 2 minors) and 1 daughter Heads of claim Tribunal High Court Sr. No. Amount (`) Amount (`)
1. Income
2. Add, % of increase 30%/50%
3. Deduction ½, 1/3, ¼, 1/5 2,000
4. Multiplicand 24,000 5. Multiplier 13
6. Loss of dependence 3,12,000
7. Medical expenses
8. Loss of consortium + loss of 3,50,000 love and affection
9. Loss to estate 2,500
10. Funeral expenses 5,000 Total 60,000 6,59,500 FAO No.295 of 1997 Age 20 Occupation Claimants: Father Heads of claim Tribunal High Court Sr. No. Amount (`) Amount (`)
1. Income 2,500
2. Add, % of increase 30%/50% 3. Deduction ½, 1/3, ¼, 1/5 1/2
4. Multiplicand 1,250x12 5. Multiplier 18
6. Loss of dependence 2,70,000
7. Medical expenses
8. Loss of consortium
9. Loss to estate 2,500
10. Funeral expenses 5,000 Total 48,000 2,77,500 Kumar Sanjeev 2014.03.28 17:08 FAO No.1970 of 1995 (O&M) -4- FAO No.296 of 1997 Age 45 Occupation Housewife Claimants:
Heads of claim Tribunal High Court Sr. No. Amount (`) Amount (`)
1. Income
2. Add, % of increase 30%/50%
3. Deduction ½, 1/3, ¼, 1/5 1,500
4. Multiplicand 18,000 5. Multiplier 14
6. Loss of dependence 2,52,000
7. Medical expenses
8. Loss of consortium 1,00,000
9. Loss to estate 2,500
10. Funeral expenses 5,000 Total 3,59,500 FAO No.297 of 1997 Age 50 Occupation Painter Claimants: 2 wives, 9 children Heads of claim Tribunal High Court Sr. No. Amount (`) Amount (`)
1. Income 2,200
2. Add, % of increase 30%/50%
3. Deduction ½, 1/3, ¼, 1/5
4. Multiplicand 12,000 24,000 5. Multiplier 12 13
6. Loss of dependence 3,12,000
7. Medical expenses
8. Loss of consortium + loss of 2,50,000 love and affection for children
9. Loss to estate 2,500
10. Funeral expenses 5,000 Total 5,69,500 Kumar Sanjeev 2014.03.28 17:08 FAO No.1970 of 1995 (O&M) -5- FAO No.298 of 1997 Age 42 Occupation Midwife Claimants: 3 sons and 3 minor daughters Heads of claim Tribunal High Court Sr. No. Amount (`) Amount (`)
1. Income 2,000
2. Add, % of increase 30%/50% 2,600
3. Deduction ½, 1/3, ¼, 1/5 1,950 (¼)
4. Multiplicand 23,400 5. Multiplier 14
6. Loss of dependence 3,27,600
7. Medical expenses
8. Loss of love and affection 2,00,000
9. Loss to estate 2,500
10. Funeral expenses 5,000 Total 60,000 5,35,100
3. In FAO No.294 of 1997, the age of the deceased as per postmortem certificate is 50 years. I take the value of her household services and for pig rearing at `2,000/-. In FAO No.295 of 1997, the deceased was a bachelor, aged 20 years and the claimant was the father and, therefore, I have taken the notional income at ` 2,500/-, considering the fact that the accident took place in the year 1992. I have valued the services of the wife to her husband in FAO No.296 of 1997 at `1,500/- and I have proceeded to assess the compensation. In FAO No.297 of 1997, I have considered the fact that the deceased was a much married man with two wives and 9 children. The legitimate claims may not be possible for the second wife but so long as the claimants do not have any objection to share Kumar Sanjeev 2014.03.28 17:08 FAO No.1970 of 1995 (O&M) -6- the compensation amongst themselves and some of whom ought to illegitimate children, I make an assessment taking the contribution to the family after deducting for personal expenses at `2,000/- per month. In FAO No.298 of 1997, the deceased was midwife, aged 42 years and she was said to be earning `2,000/-. Considering the fact that she had 3 sons and 3 minor daughters, I have applied the usual claim relief to 30% increase and applied a multiplier in the manner suggested by the decision of the Supreme Court in Sarla Verma Versus Delhi Transport Corporation and another-2009(6) SCC 121.
4. The amounts in excess over what have been determined already by the Tribunal shall attract interest at 7.5% from the date of the respective petitions till date of payment. The right of enforcement shall be secured against the respective drivers and owners of both the vehicles. The entitlement shall be distributed equally amongst the claimants in the respective cases.
5. The appeals in FAO Nos.294 to 298 of 1997 are also allowed to the above extent.
(K.KANNAN) JUDGE 25.03.2014 sanjeev Kumar Sanjeev 2014.03.28 17:08