AI Structured Summary
Not yet generated for this judgment
Judgment
B.B. Mangalmurti, J
Instant appeal is directed against the judgment dated 16.10.2015 passed in Compensation Claim Case No.04 of 2013 by Ranjeet Kumar, District Judge-II-cum-, Motor Accident Claim Tribunal, Lohardaga by which the learned Tribunal without considering the future prospect and without considering the well settled principle of law for grant of compensation, has awarded meagre sum of Rs.5,32,000/- on account of death of Brajesh Ram.
The short fact of the case is that on 29.12.2012 at about 6.00 p.m. deceased Brajesh Ram was returning to his house on his cycle after perfoming his duty from Gas Agency, Lohardaga and when he reached near Shankh river bridge, a truck bearing registration no.BR 13B - 7121 came from opposite side and dashed Brajesh Ram causing grievous multiple external and internal injuries resulting to spot death. After death of Brajesh Ram, on the basis of fardbeyan of Bhondiya Ram, F.I.R. being Lohardaga P.S. Case no.133 of 2012 under Sections 279 and 304A of Indian Penal Code was registered against Truck No.BR 13B 7121. The post mortem of deceased was conducted at Sadar Hospital, Lohardaga. After investigation the Police submitted charge sheet under Sections 279 and 304A of Indian Penal Code.
Learned counsel for the appellant submitted that deceased Brajesh Ram was aged about 25 years and was employed in the Indane Gas Agency as a Computer Operator. He was getting Rs.4000/- per month and in addition to that he was also earning Rs.2000/- per month from private tuition. Thus, altogether the deceased was earning Rs.6000/- per month from his work. The income of deceased remains uncontroverted in examination in chief and cross examination of the witness. The pay slip was also filed in support of their contention. Learned counsel further submitted that learned Tribunal failed to consider that the deceased was earning Rs.6000/- from the work of Computer Operator and private tuition though no contrary evidence was brought on record by the opposite party with regard to income. The Tribunal has awarded only penal interest, although it should have awarded interest of 9% from the date of application till actual date of payment. Learned counsel further submitted that the Tribunal has not awarded for future prospect as per the Hon'ble Apex Court passed in National Insurance Company Limited Versus Pranay Sethi & Others reported in (2017) 16 SCC 680. Learned counsel submitted that Tribunal has awarded much more on account of Loss of Estate, Loss of Consortium as well as funeral expenses. The Tribunal has awarded Rs.1,00,000/- (Rupees One lac), although it should have limited to Rs.70,000/- (Rupees Seventy Thousand)only. In these circumstances, the award passed by the Tribunal on 16.10.2015 needs modification.
Learned counsel appearing on behalf of opposite party no.2 Sriram General Insurance Company Limited as well as counsels of opposite party no.1, owner of truck, submitted that case was filed on 05.02.2013 but amendment sought by claimants were allowed on 07.11.2014, then the matter proceeded.
Learned counsel for Insurance Company submitted that it has already paid the awarded amount as per order of the Tribunal. It was further submitted that the notice upon this respondent was again issued by the Tribunal on 01.05.2015 and after receipt of it, the Insurance Company appeared in this case on 02.07.2015. This date is relevant as if this Court consider for awarding interest then in that case it could from the date of appearance of Insurance Company.
Learned counsel for the opposite party no.1-owner of truck submitted that since the vehicle was insured at the time of accident, therefore, the liability to pay award amount rests with the Insurance Company.
Considering the above submission of the parties and on perusal of the Lower Court Records as well as the papers attached with this application, it appears that accident occurred in which deceased Brajesh Ram died due to the negligence of driver of truck. Since the vehicle was insured, therefore, the liability to pay compensation was fastened upon the Insurance Company. Insurance Policy was effective from 20.10.2012 to 19.10.2013 and the accident took place on 29.12.2012, therefore, at the time of accident the truck was insured with the opposite party no.2, i.e. Insurance Company. The Tribunal also found that documents like driving license of the driver (Exhibit 10), certificate of registration of vehicle (Exhibit 5) were proved as well as the vehicle was fit to run on the road at the time of alleged occurrence.
It further appears that the Tribunal has granted Rs.1,00,000/- under the conventional head of loss of love and affection, funeral expenses etc., but as per the latest decisions rendered in National Insurance Company Limited Versus Pranay Sethi & Others (supra), the total amount on account of loss of estate, loss of consortium as well as funeral expenses should have been limited to Rs.70,000/- only. Therefore, the award dated 16.10.2015 is modified to that extent and it is held that the appellants are only entitled for Rs.70,000/- on these heads. This reduced amount be adjusted in the final award amount.
Learned counsel for the appellant has claimed 9% interest from the date of application till the actual dated of payment as no interest was ordered by the Tribunal.
Learned counsel for opposite party no.2, Insurance Company had submitted that an application was filed but thereafter amendments were carried out and then notice was issued upon Insurance Company on 09.12.2014 and again it was re-issued on 01.05.2015 and thereafter opposite party no.2-Insurance Company appeared before the Tribunal on 02.07.2015, therefore, the interest could be awarded from the date of appearance of Insurance Company.
In view of above submission, the interest is awarded from the date of amendment i.e. 07.11.2014 allowed by the Tribunal till the actual date of payment. Since this country is presently facing pandemic Covid-19 and economic conditions are not in a proper position, therefore, 5% per annum interest from the date of amendment i.e. 07.11.2014 till the actual date of payment is awarded. The future prospect of 25% be added as the deceased was below 40 years in view of Pranay Sethi & Others (supra).
It has been submitted that payment of award amount has already been made by the Insurance Company, therefore, the fresh calculation are made on account of these two modifications as discussed hereinabove. Firstly, the reduction on account of loss of estate etc. and secondly the award of interest from 07.11.2014 till actual date of payment @ 5 % With 25% on account of future prospect.
Therefore, the Calculations would be in the following manner : - Rs. 4000 - 50% = 2000 x 18= Rs. 4,32,000 + 1,08,000 future prospect + 70,000 Conventional Head = Rs. 6,10,000 with Interest of 5 % per annum from the date of amendment i.e. 07.11.2014 till the actual date of payment.
The parties will be at liberty to pay or realize or adjust the amount as the case may be in view of the above modification.
With this modification in the impugned order of Tribunal dated 16.10.2015 passed in Compensation Claim Case No.04 of 2013 by Ranjeet Kumar, District Judge-II-cum-, Motor Accident Claim Tribunal, Lohardaga, instant miscellaneous appeal is allowed and disposed of.