Uttarakhand High Court
Rajendra Singh vs National Insurance Company Ltd And ... on 19 September, 2017
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal from Order No. 84 of 2015
Rajendra Singh
.... Appellant
Versus
National Insurance Company Ltd. & Others
.... Respondents
Mr. Mohd. Azim, Advocate for the appellant.
Mr. Prabhat Pande, Advocate for respondent no. 1/Insurance Company.
Mr. Bhupendra Prasad, Advocate for respondent no. 3.
With
Appeal from Order No. 82 of 2015
Rajendra Singh & Others
.... Appellant
Versus
Smt. Meenu Kapoor & Others
.... Respondents
Mr. Mohd. Azim, Advocate for the appellant.
Mr. Prabhat Pande, Advocate for respondent no. 1/Insurance Company.
Mr. Bhupendra Prasad, Advocate for respondent no. 2.
Hon'ble Servesh Kumar Gupta, J.
Both these appeals for enhancement of the compensation have arisen out of the same accident hence, are being taken up together for adjudication.
Accident as claimed occurred on 25.12.2012 at 10:30 AM when Smt. Vinod Devi, aged about 28-30 years (as no concrete proof has been produced) along with her daughter Km. Priyanshi, aged about 10 years, was traveling from her village Khairulapur to Bhudhnagar in order to attend the benedictory discourses in the Radhaswamy 2 Ashram, riding in a horse cart, such cart was dashed in front by the bus no. UP21N-0868. As a consequence, both mother and daughter suffered serious injuries and they passed away at the spot. Their post-mortem was conducted in the Moradabad hospital on 26.12.2012. FIR was also lodged in police station Thakurdwara in crime no. 604/12 for the offence under section 279, 304A, 337, 338 & 427 of I.P.C. against the driver of the bus Shri Ram Singh.
A claim compensation petition 13/2013 was presented by Shri Rajendra Singh, the husband, along with their three children of Smt. Vinod Devi asking for compensation to the tune of Rs. 10 lakhs whereagainst, the learned Tribunal, though evaluated the total compensation to the tune of Rs. 4,59,000/-, but reduced the same on account of contributory negligence of the horse cart as well. After reducing the amount on such score loss of consortium to the tune of Rs. 1 lakh as well as Rs. 25,000/- for cremation were added to make it Rs. 3,54,500/- which have been awarded along with 7.5 interest from the date of institution of the petition to that of actual payment. Feeling dissatisfied, this AO 82/2015 has been filed by the claimants.
Another MACT 14/2013 was presented by Shri Rajendra Singh, the father of Km. Priyanshi claiming the compensation to the tune of Rs. 5 lakhs but on the same analogy, though the Tribunal has awarded the compensation to the tune of Rs. 2,70,000/-, but has reduced the same by 50% making it Rs. 1,35,000/-. However, granting the expenses of cremation to the tune of Rs. 25,000/-, the whole award of Rs. 1,60,000/- have been awarded with 7.5%. Feeling dissatisfied, with this quantum AO 84/2015 has been presented by the claimants.
It has been brought to the notice of the court that the Insurance Company has satisfied both the awards.
3At the outset, it is pertinent to mention that all these claimants reside in Village Khairulapur, Tehsil Thakurdwara, District Moradabad. The mother, owner as well as driver also reside in Moradabad district but the insurance cover was taken up from the office of the National Insurance Co. Ltd., the local office at Kashipur district, Udham Singh Nagar. However, the court takes note of Tehsil Thakurdwara of District Moradabad is adjacent to Kashipur and the place of accident is closer to Kashipur then district headquarter Moradabad.
It also cannot be over sighted that the bus owner as well as driver both presented their written statements. They vehemently denied the accident from their vehicle and have pleaded that their vehicle have been planted forcibly by the police and the driver was arrested and detained at the police station despite of denying the accident from the vehicle.
The court does not want to enter much in such controversy because the claim has been satisfied.
I have perused the spot map prepared by the Investigation Officer, which clearly displays the place of the accident on the middle of the road and that has been the reason to apportion 50 percent liability upon the horse cart driver who has not been impleaded in the claim petition. So, on that score, this court does not find any infirmity in the impugned judgment.
No income could be proved of Smt. Vinod Devi, so, the court has been right enough to consider the notional income. Rather Rupees one lakh have been granted towards the consortium which is also satisfactory in the opinion of the court.
As regards the compensation for the loss of life of Km. Priyanshi, there is no calculative formula. In such matters, a lumpsum award can be granted but the court 4 has opted another course like taking the notional income as well, in her case too.
All told in both the matters. I think there is no scope of interference. Both the appeals are hereby dismissed.
LCR be sent back.
(Servesh Kumar Gupta, J.) 19.9.2017 Pooja