FIRST APPEAL NO. 70 OF 2017

12th March 2020

Petitioner Counsel: Shri R. D. Bhuibhar
Respondent Counsel:

Cases Cited :
Paras 3, 4, 5: National Insurance Co. Ltd. Vs. Pranay Shethi and others., reported in 2017 ACJ 2700
Para 6: Magma General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors., reported in 2018(11) SCALE 247

JUDGEMENT

1. This appeal is against the judgment of Motor Accident Claims Tribunal, Bhandara (for short the “Tribunal”) in M.A.C.P No. 58/2004. Short issue is involved in this appeal about quantum of compensation granted by the Tribunal.

2. Heard Shri Bhuibhar, learned Advocate for the appellant. None appears for the respondents.

3. As per the submission of learned Advocate Shri Bhuibhar, the Tribunal wrongly granted amount of compensation of Rs.1,00,000/- towards loss of consortium, Rs.1,00,000/- for love and affection, Rs.1,00,000/- for loss of estate and Rs.25,000/- for funeral expenses instead of Rs.40,000/-, Rs.15,000/- and Rs.15,000/- as per the judgment of the Hon’ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Shethi and others reported in 2017 ACJ 2700.

4. There is no dispute about the accident. There is no dispute that the offending vehicle was insured by the appellant. The dispute is only in respect of amount of compensation granted in respect of various heads by the Tribunal. The Hon’ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Shethi and others reported in 2017 ACJ 2700 in paragraph 61 sub-para (viii) has given guidelines to grant compensation under the conventional heads which is reproduced as under:
“(viii) Reasonable figures under conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000/-, Rs.40,000/- and Rs.15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10 per cent in every three years.”
Claimants are entitled for compensation under the heads of loss of estate, loss of consortium and funeral expenses of Rs.15,000/- + Rs.40,000/- + Rs.15,000/- respectively i.e. total Rs.70,000/-.

5. In view of the judgment of the Hon’ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Shethi and others reported in 2017 ACJ 2700, impugned judgment is liable to be quashed and set aside in respect of amount of compensation granted towards the heads of loss of estate, loss of consortium and funeral expenses etc.

6. As per judgment of the Hon’ble Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram & Ors. reported in 2018(11) SCALE 247, amount of compensation under the heads of loss of love and affection should be Rs.50,000/- and loss of filial consortium Rs.40,000/-. There is no dispute about loss of dependency of Rs.7,63,333/-.

7. In view of the judgments of the Hon’ble Apex Court, respondent nos. 1 and 2 are entitled for the compensation in the following scale:
Sr. No. Particulars of heads Amount in Rupees
1. Loss of dependency 7,63,333.00
2. Loss of consortium 40,000.00
3. Loss of love and affection 50,000.00
4. Loss of estate 15,000.00
5. Funeral expenses 15,000.00
Total Compensation 8,83,333.00

8. In that view of the matter, appeal is partly allowed.

9. Operative part of the judgment is modified as under:
(i) The appellant is directed to pay amount of compensation of Rs.8,83,333/- to the claimants/respondent nos. 1 and 2 alongwith interest at the rate of Rs.7.5% p.a. from the date of claim petition i.e. from 30.06.2014 till realization of whole amount.
Accordingly, appeal is disposed of with no order as to costs.