Back
IN THE HIGH COURT OF ALLAHABAD
Kaushal Jayendra Thaker, Ajai Tyagi, JJ.
Smt. Sonia Gupta And Others – Appellants
Versus
Ashok Kumar and Others – Respondent
First Appeal From Order No. - 3509 of 2007
Decided On : 26-04-2022
Motor Accident – Claim of Compensation – Compensation with Interest - Accident Occurred Due to Negligence of Driver – Whether negligently or not, he or his legal representatives, as the case may be, should be entitled to recover damages if principle of social justice should have any meaning at all. total amount of interest, accrued on the principal amount of compensation is to be apportioned on financial year to financial year basis and if the interest payable to claimant for any financial year exceeds Rs.50,000/-, insurance company/owner is/are entitled to deduct appropriate amount under the head of 'Tax Deducted at Source' as provided u/s 194A (3) (ix) of the Income Tax Act, 1961 – Para 22.
Finding of the Court :
Negligence can be both intentional or accidental which is normally accidental. More particularly, it connotes reckless driving and the injured must always prove that the either side is negligent. If the injury rather death is caused by something owned or controlled by the negligent party then he is directly liable otherwise the principle of “res ipsa loquitur”” meaning thereby “the things speak for itself” would apply.-Compensation payable to claimants after deductions of 25% negligence on the part of the deceased : As far as issue of rate of interest is concerned, it should be 7.5% in view of latest decision of the Apex Court in National Insurance Co. Ltd. Vs. Mannat Johal and Others, 2019 (2) T.A.C. 705 (S.C.) wherein Apex Court has held as under : Afrosaid features equally apply to contentions urged on behalf of the claimants as regards the rate of interest - Tribunal had awarded interest at the rate of 12% p.a. but same had been too high a rate in comparison to what is ordinarily envisaged in these matters - High Court, after making a substantial enhancement in award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court.
Result : Appeal is allowed.
JUDGMENT :
1. Heard Sri Sumit Daga, learned counsel for the appellants and Sri Saurabh Srivastava, learned counsel for the respondent no.2- United India Insurance Company.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 25.08.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Muzaffarnagar (hereinafter referred to as 'Tribunal') in M.A.C. P. No. 338 of 2004.
3. Brief facts of the case are that on 5.2.2004 the deceased-Kapil Gupta was going from Khatauli to Haridwar by Wagon-R Car bearing registration no. U.B.P.-8386 which was being driven by deceased-Kapil Gupta. At about 8.00 a.m. when he reached near Wine shop of village Badhedi, under Chapaar Police Station District Muzaffarnagar, driver of a truck coming from Roorkee bearing registration no. U.H.N. 470, driving the truck rashly and negligently dashed into the Wagon-R car as a result of which Kapil Gupta died on the spot and the Wagon-R car entirely got damaged.
4. Deceased-Kamal Arora was 35 years of the age at the time of accident and was running computer centre and was earning Rs.83,573/-annually. The deceased-Kapil Gupta was survived by his widow and two minor daughters. The Tribunal has considered his income to be Rs.75,000/-per annum, deducted Rs. 25,000/- towards personal expenses of the deceased, granted multiplier of 16, granted Rs.9,500/-under non-pecuniary heads and ultimately assessed the total compensation to be Rs.8,09,500/-. The Tribunal held the deceased-Kapil Gupta who was driving the Car negligent to the tune of 40% deducted the amount of compensation to the tune of 40%. The claimants were therefore granted amount of Rs.4,89,500/-as compensation with interest at the rate of 5%.
5. It is submitted by learned counsel for the appellants that the Tribunal has fallen in error in holding the deceased negligent to the tune of 40%. It is submitted that the Tribunal has failed to consider the evidence on record which proves that the accident in question was caused due to rash and negligent driving of the driver of truck No. U.H.N 470 and that the Tribunal has failed to consider the pleadings as well as evidence which clearly establish that the deceased was driving car carefully and cautiously.
6. It is further submitted by learned counsel for the appellants that the accident occurred on 05.02.2004 claiming the life of Kapil Gupta who was 35 years and was running a computer centre and was a income tax payer. His I.T.R of the year 2003-2004 showed his income was Rs. 83,573/-p.a out of which he has paid approximately Rs. 3000/-as income tax and therefore it is submitted that his income to be considered as Rs. 80,000/-p.a. The Tribunal did not grant any amount for future loss of income of the deceased and also the amount awarded under non-pecuniary heads granted by the Tribunal is on the lower side and should be enhanced in view of the the decision of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 105. Lastly, learned counsel for the appellant has submitted that the interest as awarded by the Tribunal is on the lower side and requires to be enhanced.
7. As against this, Sri Saurabh Srivastava, learned counsel for the respondent-Insurance Company submits that as far as the issue of negligence is concerned, the Tribunal has rightly held the deceased negligent to the tune of 40% as the car dashed with the truck and it was head on collision and therefore, it cannot be said that the driver of the truck was solely negligent.
8. It is further submitted by Sri Saurabh Srivastava, learned counsel for the respondent-Insurance Company that the quantum of compensation and the interest awarded by the Tribunal is just and proper and does not call for any interference by this Court.
9. Having heard the learned counsel for the parties, let us consider the negligence from the
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
