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Judgment
Heard the learned counsel for the parties.
The appellant Insurance Company challenges the impugned judgment and award dated 28.02.2022, as modified by the order dated 13.02.2024 by the Motor Accident Claims Tribunal, South Goa, Margao.
The net effect of the impugned award is that the claimants i.e. the first and second respondents, were awarded compensation of Rs.25,05,600/- together with interest at the rate of 9% per annum from the date of the claim petition till the effective payment.
Mr Shirodkar, learned counsel for the appellant, submitted that there was a patent calculation error in determining the compensation amount because the increase towards the future prospect was simply set off against the deduction to be made because the deceased was a bachelor. He submitted that the correct principle of calculation would require that, after determining the salary, the actual deduction up to 50% be made because that is the amount the deceased bachelor would have spent on himself. He submitted that by making a correct calculation, the compensation amount would come to Rs.18,79,200/- and not Rs.25,05,600/- as determined by the Tribunal.
Ms N. Gaonkar and Mr Omkar Parab appeared for respondent Nos.1 and 2 and respondent Nos.3 and 4 respectively.
Ms N. Gaonkar, learned counsel for the claimants, agreed that the compensation should be calculated as suggested by Mr Shirodkar, learned counsel for the appellant. However, she pointed out that towards the loss of consortium, the claimants were awarded only Rs.40,000/- where in fact, since there were two claimants, each of the claimants should have been awarded Rs.40,000/-. Upon addition of Rs.80,000/-, she submitted that just compensation would come to Rs.19,89,200/-.
Since there is an agreement between the parties on calculation and awarding only Rs.40,000/- towards consortium is a mistake, it is only appropriate that the compensation amount in this case is determined at Rs.19,89,200/- in place of Rs.25,05,600/-.
By consent, therefore, the impugned judgment and award is modified by substituting the compensation amount of Rs.25,05,600/- with Rs 19,89,200/-. The interest amount is not disturbed in the peculiar facts and circumstances of this case.
The appellant Insurance Company has deposited the compensation amount in terms of the impugned judgment and award before the Tribunal. The first and second respondents herein i.e. the claimants, are allowed to withdraw the amount now determined by this Court, along with the proportionate interest, if any, that shall have accrued on the deposited amount. The balance amount, together with proportionate interest, will have to be refunded to the appellant Insurance Company.
The parties must file their calculations chart before the Tribunal within two weeks, and the Tribunal must expedite the withdrawal. The amount must be remitted to the respective bank accounts of the parties. This process must be completed within four weeks from today.
The appeal is disposed of in the above terms without any order for costs.
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