Supreme Court - Daily Orders
Kaushaliya Bai Das vs Suresh Banjare on 22 January, 2025
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(@SPECIAL LEAVE PETITION (C) NO. 1931 OF 2023)
KAUSHALIYA BAI DAS & ORS. ...APPELLANT(S)
VERSUS
SURESH BANJARE & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
Learned counsel for the appellant(s) contended that the only grievance of the appellant(s) is with regard to percentage of income that had to be applied in the matter of calculation of loss of dependency with regard to loss of future prospectus. She submitted that the deceased was aged 43 years and he had a permanent job. Therefore, 30% should have been added towards his future prospects instead of 25% as has been done. She therefore, submitted that accordingly the compensation on the head of loss of dependency may be enhanced.
Learned counsel for the respondent(s)/insurer submitted that appropriate orders may be made having regard to the facts of the present case. Signature Not Verified We find that there is justification for seeking Digitally signed by NEETU SACHDEVA Date: 2025.01.28 12:27:05 IST Reason: additional compensation @ 30% of the income of the deceased towards future prospect. This is having regard contd..
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to the judgment of this Court in National Insurance Co. Ltd. Vs. Pranay Sethi & Ors. (2017) 13 SCR 100. Consequently, the re-computed amount on the head of loss of dependency is Rs.5,09,600/- instead of Rs.4,90,000/-, as under -
Salary Rs.3500/- per month X 12 = Rs.42,000/- Rs.42,000/- + 30% of Rs.42,000/- = Rs.54,600/- Rs.54,600/- minus 1/3rd of Rs.54,600/-, i.e.,Rs.18,200/- = Rs.36,400/- Rs.36,400/- X 14 = Rs.5,09,600/- The differential amount of Rs.19,600/- shall be paid by the respondent(s)/insurer to the appellant(s)/claimant(s) with interest @ 6% per annum from the date of filing of the claim petition till realisation.
The said amount shall be deposited before the concerned Motor Accident Claims Tribunal within a period of four weeks from today.
The Appeal is allowed in part in the aforesaid terms. No costs.
Pending application (s) shall stand disposed of.
……………………………………………J. [B.V. NAGARATHNA] ……………………………………………J. [PRASANNA B. VARALE] NEW DELHI JANUARY 22, 2025 ITEM NO.30 COURT NO.8 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1931/2023 [Arising out of impugned final judgment and order dated 10-09-2021 in MAC No. 569/2016 passed by the High Court of Chhatisgarh at Bilaspur] KAUSHALIYA BAI DAS & ORS. Petitioner(s) VERSUS SURESH BANJARE & ANR. Respondent(s) IA No. 6355/2023 - EXEMPTION FROM FILING O.T. Date : 22-01-2025 This matter was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) :Ms. Pushpanjali, Adv.
Mr. Kaustubh Shukla, AOR For Respondent(s) Mr. A.K. Soni, Adv.
Mr. Pavan Kumar, Adv.
Mr. Rajeev Kumar Panday, Adv. Mr. Rajeev Maheshwaranand Roy, AOR Mr. P Srinivasan, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is allowed in part in terms of the signed order.
Pending application (s) shall stand disposed of.
(NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order is placed on the file)