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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Kamla – Respondent
JUDGMENT :
VIRENDER SINGH, J.
1. Both the aforesaid appeals are being decided by a common judgment, as these appeals have arisen out of the award dated 1.4.2017, passed by the Court of learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P. (hereinafter referred to as ‘the learned Tribunal’), in Claim Petition No. 15-S/2 of 2013, titled as, Kamla & others vs. M/s Som Dutt Builders Pvt. Ltd. & others.
2. By way of award dated 1.4.2017, the learned Tribunal has allowed the claim petition filed by respondents No.1 to 3, in FAO No. 424 of 2017 by awarding a sum of Rs. 17,65,000/-, along with interest @ 9% per annum, from the date of filing of the petition, till deposit. However, the ultimate liability to pay the amount of compensation has been fasten upon the appellant-Insurance Company.
3. For the sake of convenience, the parties to the present lis are, hereinafter, referred to, in the same manner, as were, referred to, by the learned Tribunal.
4. Brief facts, leading to the filing of present appeals, before this Court, may be summed up, as under:-
The claimants, being widow, minor daughter and minor son of deceased Dhan Bahadur had filed the claim petition, under Section 16
Credible oral evidence proves self-employed income sans documents; 40% future prospects for unorganized sector deceased under 40; conventional heads fixed at Rs.15,000x3 + Rs.40,000 consortium.
Point of Law : Amount of compensation can be enhanced by an appellate court, while exercising powers under Order 41 Rule 33 CPC.
Age of deceased should be basis for applying multiplier.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The main legal point established in the judgment is the application of legal principles from the case of Pranay Sethi (Supra) to determine the compensation under various heads, including future prosp....
The court established that insurers can be held liable to pay compensation even if the driver lacks a valid license, following the 'pay and recover' principle.
The judgment reinforces the application of the multiplier method in calculating compensation for accident victims, ensuring just compensation reflects actual income and future prospects.
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