National Insurance Co Ltd v. Rekha Devi & ORS
F.A.O No. 2752 of 2013 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh F.A.O No. 2752 of 2013 (O&M) Date of Decision: 20.12.2017 National Insurance Co. Ltd.
......Appellant
Versus
Rekha Devi and others .......Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present:
Mr. Suvir Dewan, Advocate for the appellant.
Mr. S.N.Gaur, Advocate for respondents No. 1 and 2.
**** ANITA CHAUDHRY, J This appeal is by the insurance company disputing the amount allowed to the claimants.
On the last date of hearing, there was a request made by the counsel for the appellant as the matter regarding future prospects was then pending before the Larger Bench.
Counsel for the appellant contends that the matter has been decided by the Larger Bench in National Insurance Company Limited versus Pranay Sethi and others, SLP (Civil) No. 25590 of 2014, decided on 31.10.2017. He also says that still some amount in excess has been paid. The issue regarding addition of future prospects stands settled. The Tribunal had taken the income of the deceased as Rs. 5,000/- per month and had made an addition of 50% whereas it should be 40%. The deduction towards personal expenses and the multiplier were correctly applied. Gurpreet Singh Bhatia 2017.12.21 11:52 I attest to the accuracy and authenticity of this document Chandigarh
F.A.O No. 2752 of 2013 (O&M) -2Therefore, the calculations are being made again as under:- 1.
Monthly income Rs. 5,000/- 2.
Annual income Rs. 60,000/- 3.
40% added towards future prospects Rs. 24,000/- 4.
Total annual income (60,000 + 24,000) Rs. 84,000/- 5.
1/3rd deducted as personal expenses Rs. 28,000/- 6.
Annual dependency Rs. 56,000/- 7.
Multiplier applied 8.
Loss of dependency Rs. 8,96,000/- 9.
Loss of consortium Rs. 40,000/-
10. Funeral expenses Rs. 15,000/-
11. Loss of estate Rs. 15,000/-
12. expenses (Rs. 1,58,176.68 rounded to Rs. 1,58,000 Rs. 1,58,000)
13. Total compensation Rs. 11,24,000/-
14. Compensation awarded by the Tribunal Rs. 11,48,000/-
15. Compensation in excess Rs. 24,000/- The Tribunal had allowed Rs. 11,48,000/-. Therefore, there is an excess of only Rs. 24,000/-. It is held that the amount payable by the insurance company would be Rs. 11,24,000/-. The amount would be payable with interest @ 9% as ordered by the Tribunal if not paid already. The finding with respect to penal future interest @ 12% should not have been made.
The appeal filed by the insurance company is partly allowed. The award is modified to the extent noted above. (ANITA CHAUDHRY) JUDGE December 20, 2017 Gurpreet Whether speaking/reasoned :
Yes Whether reportable :
No Gurpreet Singh Bhatia 2017.12.21 11:52 I attest to the accuracy and authenticity of this document Chandigarh