SAVITA Vs. BINDAR SINGH
LAWS(SC)-2014-3-40
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on March 25,2014

SAVITA Appellant
VERSUS
Bindar Singh Respondents





Cited Judgements :-

HARI CHAND AND ANOTHER VS. CHAYA KUMARI AND OTHERS [LAWS(HPH)-2016-12-191] [REFERRED TO]
BADIYABHAI NANABHAI GANAVA VS. SURESHBHAI NAGARSINH GANAVA [LAWS(GJH)-2017-8-279] [REFERRED TO]
DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD VS. RAM KALI & OTHERS [LAWS(HPH)-2016-12-103] [REFERRED TO]
NATIONAL INSRUANCE CO LTD VS. DEEP NARAIN YADAV & ORS [LAWS(DLH)-2014-10-378] [REFERRED]
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. VS. PARAMJEET KAUR AND ORS. [LAWS(DLH)-2014-9-400] [REFERRED TO]
CHOLAMANDALAM MS GENERAL INS CO LTD VS. GAJENDER SINGH PAL & ORS [LAWS(DLH)-2014-9-622] [REFERRED]
CHANDER SHEKHAR VS. LAL SINGH AND OTHERS [LAWS(HPH)-2016-7-282] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. HIMACHAL ROAD TRANSPORT CORPORATION & ANOTHER [LAWS(HPH)-2016-8-314] [REFERRED TO]
DEV RAJ AND ORS. VS. RAM CHANDER AND ORS. [LAWS(P&H)-2015-11-27] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. SUJA GEORGE AND ORS. [LAWS(KER)-2015-4-113] [REFERRED TO]
MR. DILIP SHARMA VS. MR. SHRAWAN DOGRA [LAWS(HPH)-2016-1-3] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. MUKTA SHARMA AND ANOTHER [LAWS(HPH)-2016-11-17] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. KRISHAN SINGH SHYAM & OTHERS [LAWS(HPH)-2016-10-131] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. ROMESH CHAND AND OTHERS [LAWS(HPH)-2016-10-190] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE COMPANY VS. SUMAN DEVI AND OTHERS [LAWS(HPH)-2016-10-108] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. SMT. MATHARA DEVI [LAWS(HPH)-2016-4-245] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. KUMARI SUJATA [LAWS(HPH)-2016-4-124] [REFERRED TO]
NATIONAL INSURANCE CO., LTD. VS. MISSO DEVI [LAWS(HPH)-2016-5-133] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. JHANSI DEVI AND OTHERS [LAWS(HPH)-2016-6-202] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD VS. LIPO AND OTHERS [LAWS(HPH)-2016-6-237] [REFERRED TO]
THE NEW INDIA ASSURANCE COMPANY LTD. VS. SMT. MANI [LAWS(HPH)-2016-5-231] [REFERRED TO]
NARAIN SINGH VS. NEELAM & ANOTHER [LAWS(HPH)-2016-8-223] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. JOGINDER SINGH AND ORS. [LAWS(DLH)-2015-5-251] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. MOHD AKHTAR & ORS [LAWS(DLH)-2014-10-386] [REFERRED]
NATIONAL INSURANCE CO LTD VS. PRAGYA GHILDIAL & ANR [LAWS(DLH)-2014-10-389] [REFERRED]
ORIENTAL INSURANCE CO LTD VS. SHWETA KHAN & ORS [LAWS(DLH)-2014-11-535] [REFERRED]
SHALINI WD/O VITTHAL SARDAR AGED ABOUT 37 YEARS, OCC. HOUSEHOLD WORK. VS. JAGDEO SUKHDEO KURHADE AGED ABOUT 45 YEARS, OCC. DRIVER, R/O SUKODA TQ. AND DIST. AKOLA [LAWS(BOM)-2017-2-163] [REFERRED TO]
RAMA SOOD AND ORS. VS. CHAVAN SINGH AND ORS. [LAWS(HPH)-2016-1-10] [REFERRED TO]
SHRIRAM GENERAL INSURANCE CO. LTD. VS. BIHAVA [LAWS(KER)-2016-1-62] [REFERRED TO]
SABITA SHARMA VS. AMRIT PAL SINGH [LAWS(HPH)-2017-4-31] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. SHISHNA DEVI AND OTHERS [LAWS(HPH)-2016-7-43] [REFERRED TO]
M/S LUCKY SHOES STORE VS. SMT. SUSHMA SANKHYAN AND OTHERS [LAWS(HPH)-2016-5-220] [REFERRED TO]
SMT. PRABHA VS. PARVEEN KUMAR [LAWS(HPH)-2016-4-246] [REFERRED TO]
ICICI, LOMBARD GENERAL INSURANCE CO LTD VS. GIAN CHAND & OTHERS [LAWS(HPH)-2016-12-111] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. MOTI RAM & ORS [LAWS(DLH)-2014-10-291] [REFERRED]
ASHU AND ORS VS. NEW INDIA ASSURANCE CO LTD [LAWS(DLH)-2014-10-341] [REFERRED]
VED KUMAR CHOPRA VS. NATIONAL INSURANCE CO. LTD. [LAWS(DLH)-2014-10-164] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. ARADHANA SINGH & ORS [LAWS(DLH)-2014-9-658] [REFERRED]
VIDHYA VS. ADESH KUMAR JAIN [LAWS(DLH)-2014-9-476] [REFERRED]
SEEMA JHAMB & ORS VS. ICICI LOMBARD GENERAL INSURANCE CIO LTD [LAWS(DLH)-2014-9-494] [REFERRED]
THE NEW INDIA ASSURANCE CO. LTD. VS. ISHWARI DEVI [LAWS(DLH)-2014-11-259] [REFERRED TO]
THE ORIENTAL INSURANCE CO. LTD. VS. BHAGWAT SINGH AND ORS. [LAWS(DLH)-2014-11-389] [REFERRED TO]
DEEPAK GAUTAM VS. JAI PRAKASH [LAWS(DLH)-2014-12-183] [REFERRED TO]
SAFINA BEGUM AND ORS. VS. YUSUF AND ORS. [LAWS(DLH)-2014-12-415] [REFERRED TO]
VEZIC DCOSTA AND ORS. VS. MANUELINO FERNANDES SALES AND ORS. [LAWS(BOM)-2014-11-154] [REFERRED TO]
VEZIC D COSTA @ VAJIC D COSTA VS. MANUELINO FERNANDES SALES [LAWS(BOM)-2014-12-269] [REFERRED TO]
CHANDRAVATI SAGUN GHADI VS. ANIL CHOPDEKAR S/O NARAYAN CHOPDEKAR [LAWS(BOM)-2014-12-44] [REFERRED TO]
SHAHNOORBEE W/O SHAIKH DAWAL VS. GOVIND S/O ANANDRAO KATRUWAR [LAWS(BOM)-2015-12-228] [REFERRED TO]
THAKOR KAILASHBEN RAWAJI VS. LAKKHASINGH SISASINGH SARA [LAWS(GJH)-2017-8-58] [REFERRED TO]
LALBIAKNUNGI VS. ROPARI [LAWS(GAU)-2015-1-50] [REFERRED TO]
LALTHANKIMI VS. ROPARI; UNITED INDIA INSURANCE CO LTD [LAWS(GAU)-2015-1-4] [REFERRED TO]
DULAL BISWAS VS. NEW INDIA ASSURANCE COMPANY LTD [LAWS(CAL)-2014-6-133] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. PHOOLI DEVI [LAWS(RAJ)-2024-1-89] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. BIMLA DEVI [LAWS(HPH)-2015-7-3] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. BHUVNESHWARI DEVI AND OTHERS [LAWS(HPH)-2016-11-173] [REFERRED TO]
VIMAL M. PUJARI AND ORS. VS. GANESH M. KONAR AND ORS. [LAWS(BOM)-2015-3-96] [REFERRED TO]
CHOLAMANDLAM MS GENERAL INSURANCE COMPANY LIMITED VS. SHAKUNTLA DEVI AND OTHERS [LAWS(HPH)-2016-12-187] [REFERRED TO]
NATI DEVI AND ANOTHER VS. MAYA DEVI AND OTHERS [LAWS(HPH)-2016-5-89] [REFERRED TO]
SHRI RAJ PAL YADAV VS. SMT. JAMNA DEVI [LAWS(HPH)-2016-6-163] [REFERRED TO]
VEENA DEVI AND OTHERS VS. STATE OF H P AND OTHERS [LAWS(HPH)-2016-7-225] [REFERRED TO]
RAJIV KUMAR @ RAJU VS. RAKSHA DEVI AND OTHERS [LAWS(HPH)-2016-9-330] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. SH. ROOP SINGH AND OTHERS [LAWS(HPH)-2017-12-42] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. PREM LATA AND OTHERS [LAWS(HPH)-2016-8-225] [REFERRED TO]
NEELAM JHA AND ANOTHER VS. ABHA FOOD INDUSTRIES AND OTHERS [LAWS(HPH)-2016-7-281] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. MEENA BEGUM & ORS [LAWS(DLH)-2014-12-477] [REFERRED]
MALTI @ MANTI & ORS VS. ABDUR REHMAN & ANR [LAWS(DLH)-2014-9-458] [REFERRED]
UNITED INDIA INSURANCE CO LTD VS. TARA CHAND SHARMA & ORS [LAWS(DLH)-2014-10-305] [REFERRED]
MOHITOSH DUTTA VS. MUSTARI BEGUM & ORS [LAWS(CAL)-2016-8-60] [REFERRED TO]
HDFC ERGO GENERAL INSURANCE CO VS. SHRIMATI PROGRI DEVI AND OTHERS [LAWS(HPH)-2016-10-141] [REFERRED TO]
RATNA DEVI AND ORS. VS. RAJWANTI DEVI AND ORS. [LAWS(HPH)-2016-1-51] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. SH. ROOP SINGH AND OTHERS [LAWS(HPH)-2016-12-7] [REFERRED TO]
UNITED INDIA INSURANCE CO VS. LOKESHAWAR NARAH AND OTHERS [LAWS(HPH)-2016-11-174] [REFERRED TO]
JASBIR SINGH AND ORS. VS. SATWANT KAUR AND ORS. [LAWS(HPH)-2015-12-78] [REFERRED TO]
MAHESH VS. PRINCE & ORS. [LAWS(HPH)-2016-12-94] [REFERRED TO]
ARJUN VS. HARNAM SINGH AND ANOTHER [LAWS(HPH)-2016-5-352] [REFERRED TO]
PUSHPA DEVI & OTHERS VS. UNITED INSURANCE COMPANY & OTHERS [LAWS(HPH)-2016-8-318] [REFERRED TO]
RAM GENERAL INSURANCE CO LTD VS. SHABNAM & ORS [LAWS(DLH)-2014-12-533] [REFERRED]
KULDEEP KAUR & ORS VS. JAI PARKASH & ORS [LAWS(DLH)-2014-12-608] [REFERRED]
ORIENTAL INSURANCE COMPANY VS. HIRA DEVI AND ORS. [LAWS(HPH)-2016-4-23] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD VS. R D RAJU & ORS [LAWS(DLH)-2014-11-613] [REFERRED]
RELIANCE GENERAL INSURANCE CO. LTD. VS. RASHMI [LAWS(DLH)-2014-12-208] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. URVASHI ANWANI & ORS [LAWS(DLH)-2014-12-482] [REFERRED]
SUNITA AND OTHERS VS. MAHESH AND OTHERS [LAWS(DLH)-2014-9-756] [REFERRED TO]
MANI DEVI VS. BALDEV AND ORS. [LAWS(HPH)-2015-8-5] [REFERRED TO]
DAULAT RAM VS. KRISHAN LAL AND OTHERS [LAWS(HPH)-2016-11-144] [REFERRED TO]
ZOHMINGTHANGI VS. VANLALHLUA [LAWS(GAU)-2015-9-82] [REFERRED TO]
HIMACHAL ROAD TRANSPORT CORPORATION AND ANOTHER VS. SARVITARI DEVI AND ANOTHER [LAWS(HPH)-2016-7-224] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. SH SURESH KUMAR & OTHERS [LAWS(HPH)-2016-8-315] [REFERRED TO]
PARVEEN KUMARI AND ORS. VS. RAM SAHAI AND ORS. [LAWS(P&H)-2015-9-99] [REFERRED TO]
BALDEV KAUR VS. INDERJEET SINGH [LAWS(P&H)-2015-1-476] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. PUNJABAI BANSI SOLASE [LAWS(BOM)-2018-10-316] [REFERRED TO]
BHUPENDER KAUR & ORS VS. GURDARSHAN SINGH & ORS [LAWS(DLH)-2014-9-611] [REFERRED]
NEW INDIA ASSURANCE CO LTD VS. MADHU DEVI & ORS [LAWS(DLH)-2014-11-521] [REFERRED]
VED KUMAR CHOPRA VS. NATIONAL INSURANCE CO LTD & ORS [LAWS(DLH)-2014-10-347] [REFERRED]
KRISHAN KUMAR VS. MAN MOHD AND ORS [LAWS(DLH)-2014-10-388] [REFERRED]
NATIONAL INSURANCE CO. LTD. VS. SMT. JYOTSNA GOURI & OTHERS [LAWS(CAL)-2017-3-128] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. NEELMA DEVI & OTHERS [LAWS(HPH)-2016-6-204] [REFERRED TO]
THE NEW INDIA ASSURANCE CO. LTD. VS. AFSANA KHATOON AND ORS. [LAWS(DLH)-2015-5-252] [REFERRED TO]
LUNA DEVI AND ORS. VS. THE NATIONAL INSURANCE CO. LTD. AND ORS. [LAWS(GAU)-2015-12-11] [REFERRED TO]
RAFIA RAM VS. RAKHI AND OTHERS [LAWS(HPH)-2016-10-98] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. KALAVATI AND OTHERS [LAWS(HPH)-2016-10-105] [REFERRED TO]
GHULAM MOHD. WANI VS. UNITED INDIA INSURANCE CO. LTD [LAWS(J&K)-2023-5-19] [REFERRED TO]
STATE OF HARYANA VS. SADHU RAM SINGLA & ANR [LAWS(P&H)-2019-10-211] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. RAMCHANDRA KHATURIA AND ORS. [LAWS(RAJ)-2014-5-445] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. SMT. KANKU [LAWS(RAJ)-2017-11-39] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. SMT. ANURADHA KEJRIWAL [LAWS(ALL)-2021-4-7] [REFERRED TO]
ORIENTAL INSURANCE COMPANY VS. SHINDER KAUR AND ORS. [LAWS(HPH)-2016-4-22] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. TAHSIM KHAN [LAWS(DLH)-2014-12-403] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. SUMAN JAIN AND ORS [LAWS(DLH)-2014-12-437] [REFERRED]
NATIONAL INSURANCE CO LTD VS. A S KUTTY & OTHERS [LAWS(DLH)-2014-11-595] [REFERRED]
NEW INDIA ASSURANCE CO LTD VS. ISHWARI DEVI AND ORS [LAWS(DLH)-2014-11-531] [REFERRED]
AFSANA KHATOON @ AFSANA VS. NEW INDIA ASSURANCE CO. LTD. AND OTHERS [LAWS(DLH)-2014-9-759] [REFERRED TO]
SMT. ANITA DEVI AND OTHERS VS. RAKESH CHONA AND ANOTHER [LAWS(HPH)-2016-10-52] [REFERRED TO]
THE NEW INDIA ASSURANCE COMPANY VS. SMT. URMILA DEVI AND OTHERS [LAWS(HPH)-2016-11-10] [REFERRED TO]
LAL SINGH VS. KAMAL DEVI AND OTHERS [LAWS(HPH)-2016-7-378] [REFERRED TO]
HIMADRI DUTTA VS. JOGINDER SINGH [LAWS(DLH)-2015-5-417] [REFERRED TO]
SH. LALDAIHZAUVA VS. LALNUNSANGI [LAWS(GAU)-2016-4-76] [REFERRED TO]
SH LALMALSAWMA, VS. ROPARI [LAWS(GAU)-2015-1-54] [REFERRED TO]


JUDGEMENT

PINAKI CHANDRA GHOSE, J. - (1.)LEAVE granted.
(2.)THIS appeal is directed against the order dated April 16, 2013 passed by the High Court of Uttrakhand affirming the award dated December 3, 2012 passed by the Motor Accidents Claims Tribunal, Haridwar in Motor Accident Claim Petition No.75/2011. The Tribunal directed the respondent - Oriental Insurance Co. Ltd. - to pay a sum of Rs. 4,28,000/ - to the claimant. Being aggrieved by the quantum of compensation, this appeal has been filed by the appellant -claimant.
Briefly the facts of this case are as follows:

3.1 One Sandeep Chauhan died in an accident on November 26, 2010 due to rash and negligent driving by the driver of a truck bearing registration No.HR -56 -6047 between Ram Nagar and Dhandhera. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation against the respondents.

3.2 In the claim petition, the appellant/claimant asked for compensation of Rs. 20,20,000/ - along with interest at the rate of 12% per annum from the respondents/opposite parties. The parties filed their pleadings before the Tribunal and the following issues were framed: -

"1. Whether on dated 26.11.2010 the motor cycle of the deceased Sandeep Chauhan Chasis no. MD2DSPAZZTPE51258, Engine no. IBVBTF91396 Model Discover, Time: at about 10 PM at Malvia Chowk, then a driver of Truck bearing registration No. HR -56 -6047 brought from the front side with high speed and careless and hit the motor cycle going on the side, due to which Sandeep Chauhan received many injuries and due to that injuries and the motor cycle was damaged and the injured Sandeep Chauhan was died to while taking him to the hospital? (sic)

2. Whether the motor used while accidence was having insurance, D.L., Fitness Registration etc. and was permitted to use?(sic)

3. Whether the petition of the claimants is contaminated from the required facts?

4. Whether the claimants are entitled to compensation. If so, to what amount and from whom? ''

3.3 The Tribunal held that on November 26, 2010, Driver Binder Singh while driving Truck No. HR -56 -6047 with speed and carelessness in the centre of the road, hit the motorcycle of Sandeep Chauhan, as a result of which Sandeep Chauhan was seriously injured and subsequently succumbed to his injuries. The issues were also discussed by the Tribunal which further held that accidental vehicle was permitted to be driven with legal and effective documents and driving licenses.

3.4 On the issue of compensation the Tribunal after taking into account all the facts and materials placed before it, came to the conclusion that since the claimant could not prove that the deceased was getting Rs. 7,000/ - per month as salary the Tribunal following the principle enunciated in an order of the Uttarakhand High Court, held that notional annual income of the deceased was Rs. 36,000/ -. The Tribunal also followed the principle laid down in Smt. Sarla Verma vs. Delhi Transport Corporation [(2009) 6 SCC 121] and held that one third share from the notional income of the deceased should be deducted as his personal expenses to calculate compensation on the basis of the notional annual income of the deceased. The Tribunal further held that the deceased 's father, mother and wife were dependents on the deceased and they should be treated as dependents of the deceased. The multiplier of 17 was fixed by the Tribunal considering the age of the deceased who was 26 years of age at the time of the accident. After taking into account all these aspects, Tribunal came to the conclusion and assessed the compensation amount at Rs. 4,08,000/ - and further granted Rs. 5,000/ - for cremation, Rs. 5,000/ - for loss of estate and Rs. 10,000/ - for loss of consortium and thereby the compensation amount was determined at Rs. 4,28,000/ - and also directed that interest to be paid at the rate of 6% per annum on the total compensation amount from the date of filing of the petition till the date of decision.

3.5 Being aggrieved, an appeal was filed before the High Court. The High Court dismissed the said appeal on the ground that there was no illegality in the award passed by the Tribunal. Hence this appeal has been filed.

(3.)WE have heard the learned counsel for the parties. It has been pointed out by the learned counsel for the appellant that the said award is wrong on the ground that a salary certificate has been produced before the Tribunal and the Tribunal has not accepted the same without any reason. She further submitted that the compensation which has been granted by the Tribunal and affirmed by the High Court does not include the future prospects which should have been added to the claim and further the deduction with regard to the personal expenses could not have been made more than one tenth of the total salary received by the victim. In support of such contention, she relied upon Santosh Devi v. National Insurance Company Ltd. & Ors. [(2012) 6 SCC 421] and further submitted that compensation under the head 'loss of consortium ' has not been properly assessed by the said Tribunal which has been assessed by this Court in Rajesh vs. Rajbir Singh [(2013) 9 SCC 54] and the compensation under the said head should have been awarded for a sum of Rs. 1,00,000/ -. She further submitted that the compensation under the head 'funeral expenses ' should have been granted as Rs. 25,000/ - and in support of her such contention, she relied upon the aforementioned decisions. On the contrary, it has been stated on behalf of the respondents that in Sarla Verma (supra), the principles laid down by this Court have been followed by the Tribunal and therefore there is no reason to interfere with the award passed by the Tribunal and the appeal dismissed by the High Court.


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