SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(Jhk) 231

Jharkhand High Court
Gurusharan Sharma, J.
New India Assurance Company Ltd. - Appellant
Versus
Phulo Murmu - Respondent
M.A. 179 Of 2000(R)
Decided On : 20 February, 2002

Headnote:Motor Vehicles Act, 1988 – Section 166 – death a graduate young man an accident – tribunal awarded compensation on calculating annual dependency – as such award of an extra amount towards loss of mental shock etc. held not proper award modified – appeal disposed off. (Paras 3 to 6)

ORDER

1. Heard the parties. On 8.11.1992 Maghnath Murmu. while travelling on roof of bus (BEP-9750) was hit by barrier of the chek-post. on his head, as a result of which, he fell down from the top of bus on road and sustained serious injuries and thereafter died.

2. On calculating annual dependency at Rs. 12,000/- the Tribunal applied 14 multiplier considering age of deceased at 25 years and that of his mother and applied 14 multiplier thereon. In this manner, a sum of Rs. 1,68,000/- was calculated as compensation amount under the Act.

3. The insurer of the bus, appellant before us, has no grievance against the aforesaid calculation of compensation amount. However, they have challenged the impugned award in respect of sum of Rs. 30,000/-added thereon in the following manner :

"(a) Rs. 10,000/- for loss towards mental shock and anguish, pain etc.

(b) Rs. 10,000/- for loss of future happy life with the deceased.

(c) Rs. 5,000/- for loss of consorting on companionship.

(d) Rs. 5 ,000/- for loss of enjoyment of life on the death of deceased."

The deceased was a bachelor and claimants were his mother and brother and as such there was no occasion for granting any compensation of loss of consortium on companionship. The amounts awarded under the aforesaid other three items (a), (b) and (d) were also not required to be granted for the reason that the Tribunal had already calculated compensation amount after fixing annual dependency and applying appropriate multiplier thereon.

4. We are, therefore, of the opinion, that claimants- respondents 1 and 2 were not entitled to get the aforesaid amount of Rs. 30,000/- consequently the impugned judgment and award is modified to the extent that instead of Rs. 1,98,000/- claimants respondents are entitled to get Rs. 1,68,000/- only. We also reduce the rate of interest granted by tribunal from 12% to 9% per annum.

5. It is made clear that if aforesaid amount is not paid within two months, the insurance company will be liable to interest @ 15%. as granted by tribunal.

6. Statutory amount of Rs. 25,000/-. deposited by appellant by Challan No. J-113 dated 14.11.2000 in this appeal is permitted to be withdrawn by appellant on proper verification and in accordance with law.

7. This appeal is disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top