AO/456/2014 of New India Assurance Company Limited Vs Smt Vinita Chand AND OTHERS
Parties
- Learned senior counsel on behalf of the appellant has relied upon the precedent in the case of Bhakra Beas Management Board (PETITIONER)
- Similar situation lies herein also because after the death of Mr. Rajendra Chand, his wife Smt. Vinita Chand was inducted into the service of College under the Dying-in-Harness Rules. So, applying (RESPONDENT)
Cites (1)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
AO No. 456 of 2014
Hon’ble Servesh Kumar Gupta, J.
None
Mr. V.K. Kohli, Sr. Advocate assisted by Ms. Rajni Supyal, Advocate for the appellant.
Mr. B.S. Adhikari, Advocate for respondent nos. 1 to 6. Mr. A.M. Saklani, Advocate for the respondent nos. 7 & 8.
Having heard learned counsel for the respective parties, it transpires that deceased Mr. Rajendra Chand @ Rajji Chand was Class IV employee in some Inter College. He lost his life in the accident, which has not been disputed and the offending vehicle was insured with the appellant.
Learned Trial Judge has awarded the compensation of Rs.33,63,700/- (thirty three lakhs sixty three thousand seven hundred rupees only) plus Rs.10,000/- (ten thousand rupees as consortium and funeral expenses), making it total sum of Rs.33,73,700/-(Thirty three lakhs seventy three thousand and seven hundred rupees).
Learned senior counsel on behalf of the appellant has relied upon the precedent in the case of Bhakra Beas Management Board vs. Kanta Aggarwal and Others, reported in 2008 (3) T.A.C. 661 (S.C.), wherein the Hon’ble Apex Court, in similar petition, reduced the amount of Rs.8.48 lakh plus to Rs.5.00 lakh, on the premise that after the death of deceased, therein, who met with the accident, his widow got employment under the Dying-in-Harness Rules.
Similar situation lies herein also because after the death of Mr. Rajendra Chand, his wife Smt. Vinita Chand was inducted into the service of College under the Dying-in-Harness Rules. So, applying
the same principle, the amount of Rs.33,63,700/- (Rupees thirty three lakhs sixty three thousand seven hundred) is hereby reduced by this Court to the level of Rs.19,82,939/-, and after adding Rs.10,000/-, the break up whereof has been indicated above, the total amount of compensation comes to Rs.19,92,939/-(Rupees nineteen lakhs, ninety two thousand, nine hundred and thirty nine only), and in the round figure, the Court modifies the award of Rs.33,73,700/-(Rupees thirty three lakhs seventy three thousand seven hundred) to Rs.19,93,000/-(Rupees nineteen lakhs . and ninety three thousand only)
The Insurance Company shall be liable to pay the interest on the amount of Rs.9,93,000/-(Rupees nine lakhs ninety three thousand only), which shall be reckoned as per the order passed by the Tribunal.
The award shall stand modified to the above extent and the amount shall be distributed to the claimants as per their respective shares, as held out by the Tribunal. The amount lying deposited in this Court, in the form of compulsory deposit, shall be remitted back to the concerned Tribunal forthwith. The appeal stands disposed of accordingly.
Let copy of this order be sent along with the LCR to the concerned Tribunal for compliance.
(Servesh Kumar Gupta, J.) 12.10.2015