Allahabad High Court
Smt.Moharsri And Others vs I.C.I.C.I.Lombard General Insurance ... on 10 January, 2020
Author: Kaushal Jayendra Thaker
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- FIRST APPEAL FROM ORDER No. - 3307 of 2019 Appellant :- Smt.Moharsri And Others Respondent :- I.C.I.C.I.Lombard General Insurance Company Ltd. And Anr. Counsel for Appellant :- Alkesh Singh Chauhan Counsel for Respondent :- Amit Manohar Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsels for the parties and perused the judgment and order impugned.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 30.7.2010 passed by Motor Accident Claims Tribunal/District Judge, Mainpuri (hereinafter referred to as 'Tribunal') in M.A.C.P. No.505 of 2008 awarding a sum of Rs.50,000/-.
3. It is submitted by the Counsel for the appellant that the Tribunal has granted only Rs.50,000/- under no fault liability holding that the appellants were not dependent on the deceased. Learned counsel for the appellant has relied on the decision of this Court in United India Insurance Co. Ltd. Vs. Raja Ram and Another, 2019 (4) T.A.C. 318 (All.) wherein the undersigned has relied the judgment of the Apex Court Smt. Manjuri Bera Vs. Oriental Insurance Company, Limited, AIR 2007 SC 1474 and this Court in National Insurance Company Limited Vs. Lavkush and another, 2018 (1) T.A.C. 431.
4. The judgment cited by the learned counsel for the appellant will apply in full force. The decision in Manjuri Bera (Supra) has been distinguished by this Court. Appellant No.1 is the widowed mother and shall fall in Class I heir. Can it be said that the mother is not a dependent? This aspect has been overlooked by the Tribunal. Just because there are other brothers of the deceased, can the mother be deprived of compensation as per Section 166 of the Motor Vehicles Act, 1988? The answer would be 'No.' Hence, she would be entitled to compensation.
5. The deceased was 20 years of age at the time of accident. He was an agriculturist and was undertaking animal husbandry. The appellant claimed that the income of the deceased should be considered to be Rs.4,000/- as claimed before the Tribunal which has been vehemently objected by Sri Amit Manohar, learned counsel for the respondent, who has contended that the income was not proved and the agricultural field is still being cultivated by the other brothers. It is further submitted that in the absence of any proof to the contrary, the income in the year 2008 was a joint income of the all the brothers who were older the deceased.
6. In this case, the income of the deceased can be considered to be Rs.3,000/- per month and hence, the total compensation payable to the appellants in view of the decisions of the Apex Court in Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121 and inNational Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 is computed herein below:
Income Rs.3,000/-
Percentage towards future prospects : 40% namely Rs.1200/-
Total income : Rs. 3000 + 1200 = Rs. 4200/-
Income after deduction of 1/2: Rs. 2100/-
Annual income : Rs. 2100 x 12 = Rs. 25,200/-
Multiplier applicable : 18 (as the deceased was in the age bracket of 15-20 years) Loss of dependency: Rs.25,200 x 18 = Rs.4,53,600/-
Amount under non pecuniary heads : Rs.40,000/-
Total compensation : 4,93,000/-
7. As far as issue of rate of interest is concerned, it should be 7.5% in view of the latest decision of the Apex Court in National Insurance Co. Ltd. Vs. Mannat Johal and Others, 2019 (2) T.A.C. 705 (S.C.) wherein the Apex Court has held as under :
"13. The aforesaid features equally apply to the contentions urged on behalf of the claimants as regards the rate of interest. The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court."
8. No other grounds are urged orally when the matter was heard.
9. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The respondent-Insurance Company shall deposit the amount within a period of 12 weeks from today with interest at the rate of 7.5% from the date of filing of the claim petition till the amount is deposited. The amount already deposited be deducted from the amount to be deposited.
Order Date :- 10.1.2020 DKS