NATIONAL INSURANCE CO LTD Vs. BIMLA & ORS

JUDGEMENT

(1.) The above captioned two appeals are directed against Award of 22 nd March, 2014 vide which compensation of Rs. 13,05,000/- with interest @ 9% per annum has been awarded to Claimants. In the above captioned first appeal, the Insurer seeks reduction of quantum of compensation granted, whereas in the above captioned second appeal, enhancement of compensation is sought by Claimants. Since these two appeals arise out of common Award of 22nd March, 2014, therefore, both these appeals have been heard together and are being decided by this common judgment. The facts as noted in opening paragraphs of the impugned Award are as under:-

(2.) The Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal') has relied upon the evidence of mother of Mandeep who had died in a vehicular accident on 9 th June, 2009. The Tribunal has also relied upon the evidence of injured (PW-2) and the other evidence on record to award the compensation as noted hereinabove. Mandeep was aged 19 years on the day of this vehicular accident and as per the evidence of injured (PW-2), deceased was working in Manish Logistics and was earning Rs. 10,000/- per month. It is matter of record that the aforesaid evidence remains unchallenged. The Tribunal has calculated the loss of dependency by adding 50% towards future prospects and since deceased was unmarried, one-half has been deducted towards the personal expenses of the deceased and by applying the multiplier of 13, the loss of dependency has been assessed at Rs. 11,70,000/-. Compensation of Rs. 1,00,000/- has been awarded under the head of 'Love and Affection' and 'Funeral Expenses' of Rs. 25,000/- have been granted by the Tribunal. Under the head 'Loss of Estate' Rs. 10,000/- has been granted. The break-up of compensation awarded by the Tribunal is as under:-

(3.) The challenge to the impugned award by learned counsel for Insurer is on the ground that there is no documentary evidence on record regarding income of the deceased and addition towards future prospects has to be 40% and not 50%. To seek reduction of the compensation under the nonpecuniary heads, reliance is placed upon decision of the Constitution Bench of the Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors.,2017 SCCOnLine(SC) 1270.