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    National Insurance Company Ltd. v. Saroj Devi And Others

    Anil Kshetarpal, J. (Oral):— By this judgment, appeal as well as cross-objections shall stand disposed of.

    2. Surjit Kumar, aged about 30 years had died in a motor vehicular accident which took place on the intervening night of 9th and 10 March, 2017. Only dispute which has been argued before this Court is with regard to the quantum of compensation.

    3. Learned counsel for the Insurance Company has submitted that the Motor Accident Claims Tribunal has assessed the income of the deceased at Rs. 10,000/- per month without any evidence in support thereof.

    4. On the other hand, learned counsel for the claimant has submitted that Surjit Kumar was a Transporter and owner of a trailer-Multi-Axles and Registration Certificate has been produced on file as Ex.P2. Hence, she submitted that rather the income assessed is on the lower side.

    5. Learned counsel for the Insurance Company has further submitted that on account of increase in the income with reference to future prospects, the Motor Accident Claims Tribunal has enhanced the income by adding 50% which should be 40% as per the judgment of the Constitution Bench in the case of National Insurance Company v. Pranay Sethi, 2017 (10) SC 450.

    6. Learned counsel for the Insurance Company has further submitted that on account of conventional heads, Rs. 2,25,000/- has been awarded which can at the most be Rs. 70,000/-, which is as follows:—

    i) Loss of love and affection Rs. 15,000/- ii) Loss of consortium Rs. 40,000/- iii) Funeral Expenses Rs. 15,000/-

    7. Learned counsel for the claimant does not join the issue on these submission of learned counsel for the Insurance Company.

    8. On examination of the evidence available on the file, and keeping in view the fact that the deceased was owner of trailer, his income cannot be treated at par with that of unskilled labour, whose minimum wages are Rs. 7,560/-. In such circumstances, the income assessed by the Court is not on the higher side. A owner of the trailer which is having Multi-Axles, income assessed, cannot be said to be on the higher side.

    9. With regard to the other argument, since counsel for the respondent has fairly stated that as per the judgment passed by the Constitution Bench in the case of National Insurance Company's case (Supra), the amount payable has to be re-worked as under:—

    Death Case Name of the deceased Surjit Kumar Date of Award 13.10.2017 Amount of compensation awarded by MACT Rs. 25,20,000/- Date of Accident 09/10.03.2017 Age of the deceased 30 years Occupation Unskilled Worker Heads Awarded by the Tribunal Awarded by the High Court Income assessed Rs. 10,000/- per month Rs. 10,000/- per month (+) future prospects + (50%) = Rs. 5,000/- + (40%) = Rs. 4,000/- Rs. 15,000/- per month Rs. 14,000/- per month Annual Dependency Rs. 15,000/- × 12 = Rs. 1,80,000/- Rs. 14,000/- × 12 = Rs. 1,68,000/- (−) Deduction (1/4th) (−) Rs. 45,000/- (−) Rs. 42,000/- Total Rs. 1,35,000/- Rs. 1,26,000/- Multiplier Rs. 1,35,000/- × 17 Rs. 1,26,000/- × 17 = Rs. 22,95,000/- = Rs. 21,42,000/- Conventional Heads Loss of Consortium Rs. 1,00,000/- Rs. 40,000/- Loss of love and affection Rs. 1,00,000/- Rs. 15,000/- Funeral Expenses Rs. 25,000/- Rs. 15,000/- Total Rs. 25,20,000/- Rs. 22,12,000/-

    10. The amount of compensation shall be payable alongwith interest at the rate of 7.5% p.a. from the date of the claim petition till the payment.

    11. In view of the above, the present appeal and cross-objections are disposed of.

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    National Insurance Company Ltd. v. Saroj Devi And Others
    (Jul 20, 2018)