Madhya Pradesh High Court
National Insurance Co. Ltd. vs Smt. Man Kumari on 17 February, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 17 th OF FEBRUARY, 2023
MISC. APPEAL No. 21 of 2016
BETWEEN:-
NATIONAL INSURANCE CO. LTD. THROUGH BRANCH
OFFICE, COMMERCIAL COMPLEX, 2ND FLOOR PEELI
KOTHI, REWA, DISTT. REWA (MADHYA PRADESH)
.....PETITIONER
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. SMT. MAN KUMARI W/O LATE SHRI DEVCHARAN
SINGH, AGED ABOUT 34 YEARS, OCCUPATION:
HOUSE WIFE VILL. SARETHI POST MAJHAULI
TEH. GOPADBANAS DISTT. SIDHI (MADHYA
PRADESH)
2. KU. SEEMA SINGH D/O LATE SHRI DEVSHARAN
SINGH, AGED ABOUT 18 YEARS, OCCUPATION:
STUDENT,THROUGH NATURAL GUARDIAN
MOTHER SMT. MAN KUMARI RAMDHANI
VILLAGE SARETHI POST SALAIHA P.S. MAJHAULI
TEHSIL GOPADBANAS (MADHYA PRADESH)
3. KU. KAVITA SINGH D/O LATE SHRI DEVSHARAN
SINGH, AGED ABOUT 16 YEARS, OCCUPATION:
STUDENT,THROUGH NATURAL GUARDIAN
MOTHER SMT. MAN KUMARI RAMDHANI
VILLAGE SARETHI POST SALAIHA P.S. MAJHAULI
TEHSIL GOPADBANAS (MADHYA PRADESH)
4. KU. ANITA SINGH D/O LATE SHRI DEVSHARAN
SINGH, AGED ABOUT 14 YEARS, OCCUPATION:
STUDENT,THROUGH NATURAL GUARDIAN
MOTHER SMT. MAN KUMARI RAMDHANI
VILLAGE SARETHI POST SALAIHA P.S. MAJHAULI
Signature Not Verified
SAN
TEHSIL GOPADBANAS (MADHYA PRADESH)
Digitally signed by MONIKA CHOURASIA
Date: 2023.02.23 13:11:05 IST
5. BIRENDRA SINGH MARAVI S/O LATE SHRI
DEVSHARAN SINGH, AGED ABOUT 11 YEARS,
2
OCCUPATION: STUDENT,THROUGH NATURAL
GUARDIAN MOTHER SMT. MAN KUMARI
RAMDHANI VILLAGE SARETHI POST SALAIHA
P.S. MAJHAULI TEHSIL GOPADBANAS (MADHYA
PRADESH)
6. KU. JONU SINGH S/O LATE SHRI DEVSHARAN
SINGH, AGED ABOUT 10 YEARS, OCCUPATION:
STUDENT,THROUGH NATURAL GUARDIAN
MOTHER SMT. MAN KUMARI RAMDHANI
VILLAGE SARETHI POST SALAIHA P.S. MAJHAULI
TEHSIL GOPADBANAS (MADHYA PRADESH)
7. RAJU SINGH S/O LATE SHRI DEVSHARAN SINGH,
AGED ABOUT 6 YEARS, OCCUPATION:
STUDENT,THROUGH NATURAL GUARDIAN
MOTHER SMT. MAN KUMARI RAMDHANI
VILLAGE SARETHI POST SALAIHA P.S. MAJHAULI
TEHSIL GOPADBANAS (MADHYA PRADESH)
8. RAGHVENDRA SINGH S/O SHRI VISHNUDEV
SINGH, AGED ABOUT 30 YEARS, OCCUPATION:
DRIVER VILLAGE MATHA GANGEV, POST SIRSA,
TEHSIL SIRMOUR, DISTT. REWA (MADHYA
PRADESH)
9. KU. SMITA SINGH D/O SHRI R.D. SINGH
OCCUPATION: VEHICLE OWNER NEAR AKRITI
TALKIES, CIVIL LINES (MADHYA PRADESH)
10. NARENDRA KUMAR SHUKLA S/O SHRI
RAMADHAR SHUKLA OCCUPATION: VEHICLE
OWNER, VILLAGE DOOBI, POST KANAUJA
(MADHYA PRADESH)
11. ORIENTAL INSURANCE CO.LTD. THROUGH
BRANCH OFFICE, MAHARAJA HOTEL, NEAR
REWA, DISTT. REWA (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SHYAM PRAKASH GUPTA - ADVOCATE FOR THE RESPONDENTS
NO.1 TO 6 AND SHRI D.C. GUPTA - ADVOCATE FOR THE RESPONDENTS
NO.7 & 11)
This appeal coming on for admission this day, th e court passed the
Signature Not Verified
SAN
following:
ORDER
Digitally signed by MONIKA CHOURASIA Date: 2023.02.23 13:11:05 IST Heard on I.A.No.1207/2016, which is an application under Section 5 of 3 the Limitation Act for condonation of 25 days' delay in filing of this appeal.
F o r the reasons stated in the application supported by the affidavit, I.A.No.1207/2016 is allowed and the delay in filing of this appeal is condoned.
This appeal has been filed by the insurance company being aggrieved of award dated 10/9/2015 passed by learned Additional Motor Accident Claims Tribunal to the First Additional Motor Accident Claims Tribunal, Sidhi in Claim Case No.04 of 2004 (Smt. Man Kumar and others vs. Raghvendra Singh and others).
Appeal is filed on two grounds, namely, that tribunal has made 1/10th deduction on account of the living expenses of the deceased whereas in case of seven claimants it should have been 1/5th as it directed by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121.
It is further submitted that income tax is not deducted and also arbitrarily amounts have been awarded under the non pecuniary heads which needs to be reduced.
After hearing learned counsel for the parties and going through the record tribunal has accepted income of the deceased to be Rs.37,351/- (Rs.Thirty Seven Thousand Three Hundred and Fifty One only) as he was the permanent government servant i.e. Rs.4,48,212/- (Rupees Four Lakh Forty Eight Thousand Two Hundred and Twelve only) per annum. 1/5th is to be deducted towards the living expenses of the deceased. Thereafter, 50% is to be added towards the future prospects and then multiplier of 16 will be applicable.
Signature Not VerifiedThe deceased was earning Rs.24,901/- p.m. or Rs.2,98,812/- per annum SAN out of which there was annual deduction of Rs.12,000/- per annum under the Digitally signed by MONIKA CHOURASIA Date: 2023.02.23 13:11:05 IST head of GPF and GIS. Thereafter, as per the applicable tax slab income up to 4 Rs. 2 Lakh was exempted from payment of income tax then 10% was payable up to Rs.5 Lakh therefore, income tax to the tune of Rs. 8681/- is to be deducted.
Therefore, after deduction of the income tax net income will be Rs.2,90,131/- out of which 1/5th is to be deducted towards the living expenses of the deceased. Over and above which 50% is to be added toward the future prospect in the light of law laid down by the Supreme Court in National Insurance Company Ltd. vs. Pranay Sethi, (2017) 16 SCC 680. Then multiplier of 16 will be applicable taking total pecuniary compensation to Rs.55,70,520/-. Over and above which Rs.70,000/- (Rs. Seventy Thousand) is payable to the widow under the head of loss of estate, last rites and loss of consortium. Besides this each of the children will be entitled to a sum of Rs.40,000/- each in the light of the law laid down by Hon'ble the Supreme Court in United India Insurance Company Limited versus Satinder Kour @ Satvinder Kour 2020 SCC Online SC 410 plus Rs.70,000/- and plus Rs.2,40,000/- making out net compensation to the tune of Rs.58,80,520/- (Rupees Fifty Eight Lakh Eighty Thousand Five Hundred and Twenty only) which is payable against a sum of Rs.66,29,256/- (Rupees Sixty Six Lakh Twenty Nine Thousand Two Hundred and Fifty Six only). Thus there will be reduction to the tune of Rs.7,48,736/-(Rupees Seven Lakh Forty Eight Thousand Seven Hundred and Thirty Six only) which will be admissible in favour of the insurance company.
Other terms and conditions of the award shall remain intact.
Signature Not Verified SANRecord of the Claims Tribunal be send back immediately.
Digitally signed by MONIKA CHOURASIA Date: 2023.02.23 13:11:05 ISTIn above terms, appeal is disposed of.
5(VIVEK AGARWAL) JUDGE m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2023.02.23 13:11:05 IST