(Vineet Saran and Dinesh Maheshwari, JJ.)
Geeta and Others _________________________________ Appellant(s);
v.
Manager, Bajaj Allianz Insurance Co. Ltd. and Another ______________________________________________ Respondent(s).
Civil Appeal No(s). 4491/2021 (Arising out of Special Leave Petition (C) No(s). 6178/2019), decided on July 29, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal by way of special leave petition has been filed by the appellants against the order of the High Court dated 17.01.2019.
3. The brief facts of this case are that in a motor vehicle accident, which took place on 24.11.2012, the husband of the appellant no. 1 died, leaving behind his widow (appellant no. 1), three minor children (appellants no. 2, 3 and 4) and parents (appellants no. 5 & 6). The appellants filed a claim petition claiming compensation of Rs. 50 lakhs. The Motor Accidents Claims Tribunal, vide its award dated 09.01.2014, awarded compensation of Rs. 21,07,000/- along with 9% interest, which was challenged by the Insurance Company/respondent no. 1 in appeal. The High Court reduced the compensation from Rs. 21,07,000/- to Rs. 13,08,800/- to be payable to the appellants/claimants along with 9% interest per annum from the date of petition before the Tribunal till realization of the entire amount. While reducing the compensation, the High Court has considered lesser income of the deceased than what was assessed by the Tribunal. Challenging the said reduction of compensation, the appellants/claimants have filed this appeal.
4. We have heard Mr. Anuj Saini, learned counsel for the appellants/claimants and Ms. Suman Bagga, learned counsel for the contesting respondent No. 1. The service on respondent no. 2/owner of the vehicle is complete but none has appeared on his behalf.
5. Considering the facts and circumstances of this case, in our view, there was no justification for the High Court reducing the income of the deceased to Rs. 5,500/- per month. The deceased was admittedly a driver of a school bus and he was also owning a lorry which had a goods carriage permit. In the aforesaid circumstances, merely considering the salary of the deceased as a driver and not the additional income which he would be earning, cannot be justified.
6. Considering the totality of the circumstances and after hearing the learned counsel for the parties, we find it just and proper to enhance the compensation to Rs. 20 lakhs along with interest @ 7.5% per annum (instead of 9%) from the date of the filing of the petition before the Motor Accidents Claims Tribunal till the date of realization of the entire amount. The compensation amount along with interest shall be paid to the appellants/claimants) by respondent No. 1 within a period of two months from today. In case, the amount is not paid within the aforesaid period, the appellants/claimants shall be entitled to interest @ 9% per annum as awarded by the High Court. It is made clear that the amount of compensation, if any, already paid in terms of the award of the Tribunal or the order of the High Court, shall be adjusted in the total amount of compensation.
7. The appeal is allowed to the extent indicated above.
Petition(s) for Special Leave to Appeal (C) No(s). 6178/2019
Geeta & Ors ______________________________________ Petitioner(s)
v.
The Manager Bajaj Allianz Insurance Co. Ltd. & Anr ___ Respondent(s)
Date : 29-07-2021 This petition was called on for hearing today.
(Before Vineet Saran and Dinesh Maheshwari, JJ.)
For Petitioner(s) Mr. Manjuanth Meled, Adv.
Mr. Anuj Saini, Adv.
Mr. Ganesh Kumar R., AOR
For Respondent(s) Ms. Suman Bagga, Adv.
Ms. Manjeet Chawla, AOR
UPON hearing the counsel the Court made the following
ORDER
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 6178/2019
(Arising out of impugned final judgment and order dated 17-01-2019 in MFA No. 100904/2014 passed by the High Court Of Karnataka Circuit Bench At Dharwad)
Geeta & Ors.….Petitioner(s)
v.
The Manager Bajaj Allianz Insurance Co. Ltd. & Anr.….Respondent(s)
Date : 29-07-2021 This petition was called on for hearing today.
(Before Vineet Saran and Dinesh Maheshwari, JJ.)
For Petitioner(s) Mr. Manjuanth Meled, Adv.
Mr. Anuj Saini, Adv.
Mr. Ganesh Kumar R., AOR
For Respondent(s) Ms. Suman Bagga, Adv.
Ms. Manjeet Chawla, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is allowed in terms of the signed order.
10. Pending application(s), if any, stands disposed of accordingly.
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