RAJ KUMAR
Ranchi, May 24: The Motor Vehicle Accident Claims Tribunal in the Jharkhand capital awarded compensation of Rs.6.30 crore to kin of a Merchant Navy personnel, who died in a road accident at Ormanjhi on NH-33 on November 18, 2016 while going to Ramgarh from his residence at Indira Nagar in Kanke.
Lawyer Arvind Kumar Lall, who helped the kin, wife Abha Narayan and two sons, Umang Narayan and Utkarsh Narayan get the compensation, informed regarding the order sharing a copy of judgment he got today. “The judgment was delivered on May 9. I got its copy today. This is the highest compensation any Motor Vehicle Accident Claims Tribunal has awarded. Past record is around Rs four crore,” Lall said.
The accident occurred at 9.30pm when a truck container bearing registration No. HR-55W-7860 being driven in rash and negligent manner all of sudden came from behind and dashed against the scooter of Merchant Navy personnel. Sarvesh Kumar Narayan.
The court before awarding the compensation observed that Narayan was 48-year-old at the time when the accident occurred and he was earning Rs 5.44 lakh per annum. The tribunal also observed that the truck which dashed him was on the road without permit and its driver had no valid driving license.
How the tribunal calculated the compensation
Since the deceased had contractual service having fixed income with about 48 years age, therefore, as per principles laid down by the Supreme Court in case of ‘National Insurance Co. Ltd. Versus Pranay Sethi & Others’ [2017 (4) T.A.C. 673 (S.C.)], 25% of income of the deceased is to be added as future prospect for calculation of income of the deceased which equals to (25% of Rs. 58,12,884/- ) = Rs. 14,53,221/- after including future prospect income of the deceased equals to (Rs. 58,12,884/- + Rs. M.A.C. No.33 of 2017 17 14,53,221/-) = Rs. 72,66,105/- per annum.
The deceased was married with three dependents, as applicant. That as per law laid down by the Supreme Court in Sarla Verma’s case 1/3rd of his income is to be deducted for his personal and living expenses which equals to (1/3rd of Rs. 72,66,105/- = Rs.24,22,035/-, after its deduction remaining amount equals to [Rs.72,66,105/-) (-) Rs.24,22,035/-] = Rs.48,44,070/- 17.
As per the law laid down by the Supreme Court in Sarla Verma’s case according to age of the deceased, about 48 years multiplier applicable is 13. After applying multiplier, loss of dependency for death of the deceased calculated amount Rs.48,44,070/- X 13 = Rs.6,29,72,910/-.
Further, the applicants are entitled for General Damages of amount Rs. 15,000/- under the head of “Funeral Expenses”, amount Rs. 15,000/- under the head of “Loss of Estate” & amount Rs. 40,000/- under the head of “Loss of Consortium”. Total compensation amount equals Rs.6,29,72,910/- + Rs. 15,000/-+ Rs.15,000/-+ Rs. 40,000/-= Rs.6,30,42,,910/- for which applicants are entitled.
Who will pay the compensation?
It is therefore, ordered that National Insurance company Lt. will make payment of compensation amount of Rs.6,30,42,,910/- to the applicants through account payee cheque. The cheque is drawn in the name of applicant No.1 namely Abha Narayan widow of late Sarvesh Kumar Narayan 30 days from the date of this Award. In light of the directions of Apex Court in Dharmpal & Sons Versus U. P. State Road Transport Corporation 2008 (4) JCR 79 SC the claimants are entitled for interest @ 7.5% per annum from the date of filing of claim application, however the claimants M.A.C. No.33 of 2017 18 have delayed the proceedings at the stage of evidence and judgment the claimants shall be entitled interest @ 7.5% from the date of settlement of issues i.e., 17.07.2018 till its realization.
