NATIONAL INSURANCE COMPANY LIMITED Vs. PARAMJEET KOUR
LAWS(J&K)-2020-7-21
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 16,2020

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
PARAMJEET KOUR Respondents




JUDGEMENT

SANJEEV KUMAR,J. - (1.)Cm No. 799/2020
1. The parents of the deceased, respondent Nos. 4 & 5 in the appeal, are stated to have died during the pendency of this appeal and this application has been moved to take on record their legal representatives by stating that the deceased Nos. 4 & 5 are survived by only three legal representatives, who are already party respondent Nos. 1 to 3 in the appeal and cross objector Nos. 1 to 3 in the cross appeal.

2. Accordingly, the factum of death of respondent Nos. 4 & 5 is taken on record. Since the legal representatives of the deceased-respondents/cross objectors are already on record, as such, there is no formal requirement of substitution. The appeal as also the cross objections shall proceed qua the surviving respondents/cross objectors.

MA No. 270/2009

1. This is an appeal filed by the National Insurance Company Limited (hereinafter "the Insurer") against the award dated 30.01.2009 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter "the Tribunal") in file No. 12/Claim titled "Paramjeet Kour & Ors. Vs. Rakesh Singh & Ors." whereby the Tribunal has held respondent Nos. 1 to 5 entitled to compensation of Rs.20,21,760/- along with interest @ 7.5% per annum from the date of institution of the claim petition till realization. The appeal by the Insurer is solely on the quantum.

(2.)It is contended by Mr. D.S. Chouhan, learned counsel for the insurer, that the Tribunal has committed a serious error in computing the just and fair compensation and has, in the process, ignored the settled guidelines issued for computation of compensation for Motor Vehicle Accidents by the Supreme Court from time to time. It is urged that, as per the evidence on record and accepted by the Tribunal, the monthly salary of the deceased at the time of accident was Rs.7,898/- per month and the deceased was 27 years old.
(3.)Going by the age, it is contended, there ought to have been given the increase of 50% towards loss of future prospects and the applicable multiplier as laid down in "Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & anr. , 2009 3 Supreme 487" , case was 17. He further submits that having regard to number of dependents i.e., five, the deduction to be applied was 1/4th of the income of the deceased.
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