Sriram General Insurance Company Ltd. vs Manbhawta Devi and Others

G.P. Mittal, J.—These two Appeals arise out of a common judgment dated 16.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 11,26,712/- was awarded in MAC APP.112/2012 (Suit No. 498/2010) and a compensation of Rs. 14,42,768/- was awarded in MAC APP.109/2012 (Suit No. 497/2010). It is urged by the Learned Counsel for the Appellant Insurance Company that in the absence of any evidence with regard to the bright future prospects, the Claimants were not entitled to addition of 50% in the deceased''s income. It is stated that at the most, an increase of 30% could have been granted on the basis of Santosh Devi Vs. National Insurance Company Ltd. and Others, .

The Learned Counsel for the Appellant concedes that the Claimants were entitled to an increase of 30% only.

On applying Santosh Devi, the loss of dependency in MAC APP.109/2012 comes to Rs. 12,07,065/- (6448/- + 30% x 3/4 x 12 x 16) instead of Rs. 13,92,768/- awarded by the Claims Tribunal.

The loss of dependency in MAC APP.112/2012 comes to Rs. 9,33,150/- (5278/- + 30% x 2/3 x 12 x 17) instead of Rs. 10,76,712/- awarded by the Claims Tribunal.

The overall compensation thus stands reduced from Rs. 14,42,768/- to Rs. 12,57,065/- in MAC APP.109/2012 and from Rs. 11,26,712/- to Rs. 9,83,150/- in MAC APP.112/2012.

The compensation as awarded shall be released in favour of the Claimants in terms of the order passed by the Claims Tribunal.

The excess amount of Rs. 1,85,703/- and Rs. 1,43,562/- respectively shall be refunded to the Appellant Insurance Company.

The statutory deposit of Rs. 25,000/- each shall be refunded to the Appellant Insurance Company.

Both the Appeals are allowed in above terms. Pending Applications also stand disposed of.