Jammu & Kashmir High Court - Srinagar Bench
United India Insurance Company Ltd vs Shafiqa Begum Gadoo And Ors on 27 September, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 17
Regular. cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
Mac App No. 02/2021
CM No. 11/2021
United India Insurance Company Ltd.
..... Petitioner(s)
Through: -
Mr. Shabir Hussain, Advocate
V/s
Shafiqa Begum Gadoo and Ors.
..... Respondent(s)
Through: -
Mr. Irshad Ahmad, Advocate for 6-7 Mr. Mohammad Ashraf, Advocate for 1-5 CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 27.09.2021
1. By the present appeal, the appellant-United India Insurance Company Limited, challenges and seeks the setting aside of the Award dated 07.02.2020, for short impugned Award, passed by the Motor Accidents Claims Tribunal, Sopore, for short Tribunal, in a claim petition titled Shafiqa Begum Gadoo v. United India Insurance and others.
2. This Court, in terms of order dated 12.01.2021, while considering the application bearing CM No. 10/2021, issued notice to the other side besides directing for depositing the awarded amount before the Registrar Judicial of this Court within four weeks.
Subsequent thereto, the Court, in terms of order dated 19.04.2021, while summoning the record of the Tribunal, stayed the execution of the impugned award in case the awarded amount as directed vide order dated 12.01.2021 has been deposited before the Registrar Judicial of the Court.
3. A brief relook at the events leading to the filing of the present appeal is imperative, thus:
4. The respondent No. 1 is wife of the deceased while as respondents 2 to 4 are the sons and respondent No. 5 daughter of the deceased. On 03.10.2015, deceased was riding as pillion on a bike driven by one Noor Mohammad Bhat S/o Ghulam Mohammad Bhat R/o Asham Bandipora on the correct side of the road while as Truck bearing Registration No. JK05C-8319 driven by driver of the Truck at an abnormal speed hit the Motorcycle causing multiple injuries to the deceased who was immediately rushed to Sub-District Hospital, Sopore, wherein he was later declared dead. The deceased sustained grave, fatal and multiple injuries leading to his death, who was a Government employee working as SG Fireman No. 1132 in J&K Fire and Emergency Services and was posted at Command Sopore. The monthly salary of the deceased was Rs. 35,226/- which was spent upon welfare of his family besides the deceased used to do farming and due to the untimely death of the deceased his family got shattered.
5. The respondents/ claimants, thereafter, approached the Tribunal with a claim petition seeking compensation to the tune of Rs. 98,72,544/- lacs along with interest.
6. The appellants had appeared and filed their reply before the Tribunal resisting the claim of the respondents/ claimants and prayed for the dismissal of the claim petition.
7. Upon hearing the learned counsel for the parties and on consideration of the matter, the Tribunal has allowed the claim petition and passed an Award to the tune of Rs. 47,41,122/- with interest @ 9% per annum from the date of filing of the claim petition till its final realization.
8. Aggrieved of the impugned Award, the appellant has filed the present appeal to seek reversal of the same.
9. Heard learned counsel for the parties, perused the impugned Award and the material available on the file.
10. Considered the submissions made.
11. The Tribunal after taking into consideration all aspects of the matter, and while appreciating the evidence on the file, awarded an amount Rs. 47,41,122/- with 9% simple interest as compensation in favour of respondents/ claimants. The appellant has resisted the claim.
12. It is admitted that the victim of the accident has died, therefore, the Tribunal has rightly awarded Rs. 47,41,122/-, however, the compensation awarded on account of educational expenses and 9% interest appears to be on the higher side, therefore, requires modification.
13. The Court is of the opinion that the Tribunal has awarded amount of educational expenses at Rs. 5.00 lacs, which is not substantiated in view of awarded compensation of Rs. 47,41,122/- along with interest, but the claim is established on the strength of available evidence, therefore, this amount of Rs. 5.00 lacs is reduced from the total award as also on the strength of the settled position of law, the interest of 9% being excessive is reduced to 6%.
Accordingly, it is held that respondents/ claimants shall be entitled to Rs. 41,26,122/- under the head loss of dependency, plus Rs. 40,000/- as loss of consortium; Rs. 50,000/- as Funeral Expenses; Rs. 25,000/- on account of loss of estate. The respondents/ claimants, therefore, are entitled to receive compensation to the tune of Rs. 42,41,122/- along with interest @6%.
14. In view of above, the impugned Award is modified on the above lines. Accordingly, the appeal is partly allowed on the above terms. The respondents/claimants shall be entitled to the awarded amount in terms of the above modified Award minus the amount already paid, if any. Excess amount, if any deposited, be returned to the Insurance Company.
15. The appeal, as such, is disposed of along with all CMs, on the above terms.
(Ali Mohammad Magrey) Judge SRINAGAR 27.09.2021 "Mohammad Yasin Dar"
MOHAMMAD YASIN DAR 2021.09.28 11:22 I attest to the accuracy and integrity of this document