Gurdeep Kaur And ORS v. Manoj Prashar And ORS
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Smt. Sarla Verma and others vs.
Delhi Transport Corporation and another 2009 (6) SCC 121 and National Insurance Company vs. Pranay Sethi and others 2017 (16) SCC 680.
4.
Per contra, learned counsel for claimants submitted that the claimant-son had resigned from his job offered by Punjab Government on compassionate ground. He further submitted that amount of compensation may be settled in terms of judgment passed by Hon'ble Supreme Court in Smt. Sarla Verma's case (supra) and Pranay Sethi's case (supra).
9 5.
I have perused the record of the case and heard arguments of both counsels.
6.
I do not find force in the contention of learned counsel for the insurer that amount of salary to be received by claimant (Manpreet Singh) on account of job offered by State Government should be reduced from the amount of compensation. Claimant has tendered his resignation thus, claimant is not in job offered by Punjab Government on compassionate ground. On being confronted by this fact, learned counsel for the insurer expressed his inability to support his contention, thus, contention of insurer is repelled.
7.
Both counsels are ad idem on the question of quantum of compensation and amount of compensation is re-determined as under:- Under Head Compensation awarded Annual Salary of deceased Rs. 2,94,948/- Future prospects (15%) Rs.44,242/- Total Rs. 3,39,190/- Deduction for personal Rs. 1,13,063/- expenses (1/3rd ) Balance Rs. 2,26,127/- Multiplier of 11 Rs. 24,87,387/- Loss of consortium Rs. 1,32,000/- (44000x3) Loss of estate Rs. 16,500/- Funeral expenses Rs. 16,500/- Total compensation Rs. 26,52,387/- 8.
The claimants as per above cited judgments of Hon'ble Supreme Court are entitled to interest @ 7.5% per annum instead of 6% per annum as awarded by learned Tribunal. Therefore, rate of interest is
: increased from 6% to 7.5% per annum. It is made clear that amount already paid would be deducted from claim determined hereinabove. The appellant-insurance company is directed to make payment within a period of eight weeks from today.
9.
In view of the above, appeal filed by the claimants (FAO No. 2097 of 2015) is partly allowed and appeal filed by insurance company (FAO No. 1827 of 2015) is dismissed.
75 )
A 1 08 C Whether reportable :
Yes/No