Bharti Axa General Insurance Co. v. Kaushalaya & ORS




    
  



 ! "#"$%% BHARTI AXA GENERAL INSURANCE CO. LTD.

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(")*) KAUSHALAYA DEVI & ORS %%" )) +,- ")  .$ /0.

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Present:

Mr. Rajbir Singh, Advocate for Insurance Company.

Mr. Inderjeet Singh, Advocate for the cross/objectors.


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'5 This cross/objection has been listed in an appeal which has already been withdrawn.

Hence, the cross/objection is treated as an independent appeal. The claimants pray for enhancement of compensation which was awarded by the Motor Accidents Claims Tribunal (hereinafter referred to as "the Tribunal") on account of death of Sh. Ravinder, aged about 25 years (unmarried).

The learned counsel representing the claimants contend that the Court has failed to award the amount on account of increase in the income due to future prospects. He further contends that the Tribunal has failed to award appropriate amount under conventional heads like loss of estate, consortium and funeral expenses.

The learned counsel representing the appellant contends that the deceased was 25 years of age and therefore, he will be entitled to increase of 40% on account of future prospects in terms of judgment passed by the Five Judge Bench in
 

   







 

 He further contends that under the non/conventional heads namely loss of estate and funeral expenses, the claimants are entitled to Rs.30,000//, whereas, for loss of consortium, the claimants are entitled to Rs.40,000// each i.e. Rs.80,000//.

Per contra, the learned counsel representing the Insurance Company contends that deduction on account of living and personal expenses is required to be one half, whereas, the Tribunal has deducted only 1/3rd. He also relies upon
 

    



 

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It is evident that the Tribunal has failed to award increase of 40% in the income on account of future prospects. It is further evident that on account of loss of estate and funeral expenses, the Tribunal has failed to award Rs.15,000// each under these heads.

As per the judgment passed by the Hon'ble Supreme Court in !"  

  
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 in which it has been approved that each parent is entitled to Rs.40,000// as consortium. Further, it is correct that the Tribunal has erred in deducting 1/3rd from the income of the deceased towards his personal and living expenses which should have been one half.



In view thereof, the revised amount of compensation is calculated as under:/ 6 *  "##+8

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- 6 Rs.5,400// Rs.5,400//

* *" " )&- ) ─ 40% &# -8 1/3 (Rs.43,200//) 1/2 (Rs.45,360//) .*'

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18 (Rs.7,77,600//) 18 (Rs.8,16,480//)

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  Rs.10,000// + Rs.5,000// Rs.15,000// 0 )) !)

Rs.10,000 Rs.15,000//

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*6 ─ Rs.40,000 X 2 = Rs.80,000// 

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)%?3 3=> Disposed of.

All the pending miscellaneous applications, if any, are also disposed of.

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    Whether speaking/reasoned : Yes/No Whether reportable : Yes/No