HC awards Rs 1.30 lakhs to accident victim’s family
By Aqib Ahmad
SRINAGAR: The J&K high court has directed an insurance company to pay Rs 1, 30,000 for ‘loss of love and affection’ in addition to the compensation awarded by Motor Accident Claims Tribunal (MACT), which it modified from Rs 17.53 lakhs to Rs 11.77 lakh, to the family of a bachelor who died in a road accident here in 2012.
“The mother and father of the deceased will be entitled to get Rs. 50,000 each and unmarried sister Rs. 30,000 for loss of love and affection,” said a single bench of Justice Ramalingam Sudhakar while allowing an appeal filed by the National Insurance Company Ltd against an award of compensation by MACT Srinagar.
On 16 June 2012, Farooq Ahmad Kawa, a bachelor running a Canteen at Sonamarg was hit by a Taxi cab, insured with the Insurance Company. Following Farooq’s death, his father, mother and unmarried sister had filed the claim petition before the Motor Accident Claims Tribunal (MACT) here which had granted the family compensation of Rs 17,53,000— Rs. 17,28,000 on account of loss of dependency and Rs 25,000 for burial expenses. However, the insurance company challenged the judgment of MACT before the high court. It said that on the basis of evidence, Farooq’s income was held to be Rs 12,000 per month besides MACT added 50% as future prospects to fix the income as 18,000 of which 50% was deducted as personal expenses. The pecuniary loss was fixed as Rs 9000 per month and by applying the multiplier of 16, the Tribunal granted Rs. 17,28,000 and sum of Rs.25,000 funeral expenses with 6 % interest to the family.
However, the high court in view of the Supreme Court judgment—Sarla Verms vs Delhi Transport Corporation 2009— held that the quantum of compensation and adding of 50% towards future prospects cannot be justified as such modified the compensation award by the MACT.
“The income of the deceased is taken as Rs. 12,000 and after deduction of 50% as personal expenses the pecuniary loss will be Rs. 6000 and adopting the multiplier of 16 that is applicable, the total pecuniary loss will be 11,52,000,” the court said. Since no amount was paid by the MACT for loss of love and affection, the high court held the mother and father of Farooq entitled to get Rs 50,000 ach and unmarried sister Rs. 30,000 for loss of love and affection. It also confirmed the funeral expenses of Rs 25,000 and the interest granted by the MACT.
“The Insurance Company is liable to deposit the amount before the Registry of this Court, if not already deposited. The claimants are entitled to receive the same on deposit,” the court added.