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2020 Supreme(J&K) 447

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Rajesh Bindal, J.
New India Assurance Co. Ltd. - Appellants
Vs.
Usha Baloria and Ors.- Respondent
MA Nos. 291/2012, 226/2006, CCROS No. 12/2006, MA Nos. 168/2006, 654/2010, 382/2012, CCROS No. 9900002/2013, MA Nos. 14, 221/2013, 222, 526/2014 and 124/2015
Decided On : 24-07-2020

Advocates Appeared:
For the Appellant :Baldev Singh, Vishnu Gupta, Advocates, R.K. Gupta, Sr. Advocate, Uday Bhaskar, Amrit Sareen, D.S Chouhan, Piyush Gupta and R.K. Bhatia, Advocates
For the Respondents:Vinod Kotwal, Piyush Gupta, M.P. Gupta, Advocates, Suneel Malhotra, CGSC, P.N. Raina, Sr. Advocate, J.A. Hamal, Joginder Kumar, Ankush Manhas, Dheeraj Choudhary and R.K. Bhatia, Advocates

Headnote:

Civil Procedure Code,1908 – Order 41 Rule 33 - Motor Vehicles Act, 1988 – Section 167 - Income Tax Act – Section 201 - Workmen's Compensation Act, 1923 – Motor vehicular accident – Claim Compensation - Enhancement of compensation - As a result of accident the deceased died - Claimants are widow, son & daughter of deceased - Deceased was working as a Master at time of his death - Monthly income of deceased as proved before the Tribunal and the Tribunal while taking into consideration personal expenses of deceased @ 1/3rd of total income, calculated annual dependency - Since age of deceased at time of death was proved to be 53 years, as such multiplier of 11 was applied - A sum was granted under the heads-love and affection; funeral expenses; loss of estate and loss of consortium - Total compensation awarded by the Tribunal - Whether any amount was payable to family of deceased employee or was in fact paid - Held, in view of answers to questions framed above, bunch of appeals, are disposed of while modifying awards of Tribunal in terms of findings recorded on issues framed - Where no appeal or cross objections have been filed by claimants, they will not be entitled to enhancement of compensation, even if as per law the amount calculated is more than amount awarded by the Tribunal - However, if after recalculation or re-adjustment final amount comes out to be same or more, as compared to amount awarded by the Tribunal, same shall not be reduced in the appeals filed by the insurance company - Counsels for appellants/petitioners or counsels for respondents do not inform court about pendency of any other matter involving the same issue - Because of this, sometimes there are chances of anomalous orders passed - Hence, it is directed that the counsel for insurance company or owner and driver and wherever possible counsels for the claimants shall inform Court about all cases which arises out of same accident or involve same legal issue - This shall not be limited to cases filed in this court but also before the Motor Accident Claims Tribunal - This should not be limited to motor accident claim cases but all category of cases - Court should even be apprised of the factum of pendency of similar matter before other bench of this court as well - In an appeal filed by the insurance company seeking setting aside of award or reduction of compensation, amount of compensation granted to the claimants cannot be increased further, award can be maintained on other grounds – Order accordingly.

JUDGMENT :

Rajesh Bindal, J.

1. This order will dispose of a bunch of appeals and the cross objections, as some of the issues raised in all the appeals, are common. Besides that additionally some small issues have been raised in some of the appeals.

2. The deceased in the following cases, at the time of accident, were travelling in the vehicle bearing Registration No. JK02U-0759. The accident took place on February 25, 2009:

    i) CIMA No. 291/2012 titled as New India Assurance Co. Ltd. vs. Usha Baloria & Ors.

As a result of the accident the deceased Yoginder Singh Baloria died. The claimants are widow, son & daughter of the deceased. The deceased was working as a Master at the time of his death. The monthly income of the deceased as proved before the Tribunal was Rs. 17,009/- and the Tribunal while taking into consideration the personal expenses of the deceased @ 1/3rd of the total income, calculated annual dependency at Rs. 1,36,080/-. Since the age of the deceased at the time of death was proved to be 53 years, as such multiplier of 11 was applied. A sum of Rs. 10,000/- each was granted under the heads-love and affection; funeral expenses; loss of estate and loss of consortium. Total compensation awarded by the Tribunal was Rs. 15,36,880/-.

ii) CIMA No. 526/2014 titled as New India Assurance Co. Ltd. vs. Indra Devi & Ors.

The deceased Subash Chander died in this accident. The claimants are widow, daughters, son & mother of the deceased. The deceased was working as Master at the time of his death, whose monthly income of Rs. 23,081/- was proved before the Tribunal. The annual loss of dependency was assessed at Rs. 2,69,100/-. After deducting 1/4th of the income towards personal expenses and taking into consideration future increase in the income of deceased @ 30%, multiplier of 12 was applied in view of the age of the deceased as 44 years. Adding Rs. 5,000/- on account of funeral expenses and Rs. 10,000/- on account of loss of consortium, the Tribunal awarded total compensation of Rs. 32,44,200/-

iii) CIMA No. 14/2013 titled as New India Assurance Co. Ltd. vs. Romalo Devi & Ors.

The deceased Faquir Lal, husband of the claimant no. 1 & father of the remaining claimants died in this accident. The deceased was a Head Constable in police at the time of his death. The monthly income of the deceased as proved before the Tribunal was Rs. 17,505/-, which was rounded to Rs. 18,000/- 30% increase was granted on account of future prospects. After deducting personal expenses of the deceased, the total dependency of the claimants was assessed as Rs. 1,70,400/- (14,200 x 12 = 1,70,400/-). The age of the deceased at the time of death was 50 years, so, the multiplier of 13 was applied. Adding further Rs. 2,000/- as funeral expenses, Rs. 5,000/- on account of loss of consortium and Rs. 2,500/- on account of loss of estate, the Tribunal awarded total compensation of Rs. 22,24,700/-

iv) CIMA No. 382/2012 titled as New India Assurance Co. Ltd. vs. Mansa Ram & ors.

AND

v) CCROS No. 9900002/2013 titled as Mansa Ram vs. New India Assurance Co. Ltd.

The deceased Subash Chander, who worked with J&K Police died in this accident. The claimants 1 & 2 are parents, claimant no. 3 is widow & claimants 4 & 5 are sons of the deceased. The monthly income of the deceased as proved before the Tribunal was Rs. 11,734/-, which was rounded of to Rs. 11,800/-. 30% increase was granted on account of future prospects. After deducting personal expenses of the deceased, the total annual dependency was assessed at Rs. 1,35,264/- (11,272 x 12 = 1,35,264). The deceased was 38 years of age at the time of his death, so multiplier of 16 was applied. Further Rs. 2,000/- were awarded on account of funeral expenses, Rs. 5,000/- on account of loss of consortium and Rs. 2,500/- were awarded on account of loss of estate. The Tribunal awarded total compensation of Rs. 21,73,724/-

vi) CIMA No.

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