GENERAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. MANA BIBI
HIGH COURT TRIPURA
General Manager, Shriram General Insurance Company Ltd.
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Akil Kureshi,J. -
(1.) This appeal is filed by the insurance company to challenge an award dated 10.08.2017 passed by the Motor Accident Claims Tribunal, Sonamura, West Tripura in T.S. (MAC) No.52 of 2012.
(2.) Brief facts are as under:
On 08.09.2012 at about 8-30 a.m. one Manir Hossain travelling on his motorcycle met with an accident caused by a bus insured by the appellant-insurance company. He was aged about 25 years and was survived by his mother, two wives and a minor son. He was running a stationery store in the market place. The claimants, therefore, filed a claim petition claiming compensation of Rs.20,00,000/- from the owner and insurer of the vehicle involved in the accident. The Claims Tribunal held that the accident was caused by the negligent driving by the driver of the bus. The Tribunal believed the income of the deceased at Rs.10,000/- at the relevant time, granted 50% rise for future income, deducted 1/3rd for his personal expenditure and applied a multiplier of 18 as prescribed by the Supreme Court in case of Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another reported in (2009) 6 SCC 121, arrived at loss of dependency benefit of Rs.21,60,000/-. To this, the Tribunal awarded a further sum of Rs.25,000/- towards funeral expenses, Rs.50,000/- towards pain and suffering of the mother and Rs.1,00,000/- for loss of consortium in favour of the two widows. The Tribunal thereby came to a total compensation of Rs.23,35,000/- of which Rs.21,85,000/- would be shared equally by the claimants. The rest of the amounts would be claimant specific.
(3.) This award the insurance company has challenged on quantum. No questions about the liability of the insurance company to satisfy the award or the negligence of the driver of the bus insured by the insurance company in causing the accident have been raised. I have, therefore, focused only on the calculation of the compensation. Having heard learned counsel for the parties, I do find that the Tribunal has committed a few errors in awarding compensation under different heads, nevertheless the errors committed are on both sides and eventually even out and which would not call for any interference with the compensation awarded. To begin with, awarding Rs.50,000/- to the mother towards pain and suffering is not recognized under the law. Awarding a total of Rs.1,00,000/- to two widows for loss of consortium, is also not as per the trend set by the Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and others reported in (2017) 16 SCC 680 and thereafter clarified in case of United India Insurance Company Ltd. v. Satinder Kaur alias Satwinder Kaur and Ors. reported in 2020 SCC OnLine SC 1106. By virtue of these judgments now it appears that the loss of consortium would be Rs.40,000/-, however, each claimant in case of a close relatives such as wife, children or parents.;
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