The New India Assurance Co. Ltd. Through Its Legal Hub v. Smt.Bina Rajan Desai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1305 OF 2017 The New India Assurance Co.Ltd ...

Appellant.

V/s.

Bina Rajan Desai ...

Respondents Ms. Poonam Mital, for the Appellant.

Mrs. Varsha Chavan, for respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 31st JANUARY, 2019.

P.C. :

1] Heard learned counsel for the appellant and the respondent.

2] This Appeal is filed against the judgment and order dated. 05.08.2017, passed by Motor Accident Claims Tribunal, Mumbai, thereby allwoing claim petition of the respondent claimant to the ;tune of Rs.25,65,000/- with interest at the rate of Rs.7.5% per annum from the date of application till realisation. 3] The appeal is preferred by the Insurance Company, mainly on the two counts. In the first place it is submitted that there was breach of terms and conditions of the policy. However, the perusal of the impugned judgment, specifically paragraph No.12 thereof goes to 1/3

show that no specific case was made out that the driver of the offending vehicle was not having valid licence and no evidence was also led on that count. Even as regards the involvement of the offending vehicle in the accident, as rightly observed by the Tribunal that there is no evidence.

6] The second ground is raised about quantum of compensation amount. It can be seen that the Tribunal has rightly considered the income of the deceased in the range of Rs.20,000/- per month in view of the salary certificate produced on record. The evidence to that effect is discussed in paragraph No.15 of the order. The Tribunal, has however, applied the multiplier of "13" considering the age of the mother who is claimant. However, in view of the judgment of the Apex Court, in the case of National Insurnce Corportion -vs- Pranay Sethi, [AIR. 2017 SC 5157], now the age of the deceased alone is the criteria which, at the time of accident, was 22 years. Therefore, the appropriate multiplier would be "18" and if the said multiplier is applied, and amount of Rs.70,000/- is awarded towards conventional heads, as rightly submitted by learned counsel for respondent claimant, the total amount of compensation comes to Rs.30,60,000/-. To that extent, the award passed by the Tribunal needs to be modified.

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7] Accordingly the Appeal is dismissed.

8] However, the award of the Tribunal is modified and the claimants are held to be entitled to the compensation amount of Rs.30,60,000/-.

9] Rest of the order passed by the Tribunal stands confirmed.

10] Appeal is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 3/3