Supreme Court Refuses To Interfere With HC Order Granting ₹6,55,000 Compensation In A Motor Accident Claim
The Supreme Court's bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia has refused to interfere with the Judgment passed by the Punjab and Haryana High Court awarding compensation of Rs. 6,55,000 with 7.5 % interest in a motor accident claim.
In this case, the accident occurred in November 2010 when the deceased Hari Ram was riding on a three-wheeler with his brother from Mitrol to Palwal, Haryana. The vehicle was being driven by respondent no. 1, i.e., Ram Kishan and was insured with respondent no. 3 (Insurance Company).
During the journey, an accident occurred and the vehicle was toppled which resulted in grievous injuries to the body of Hari Ram. He was taken to the hospital but he succumbed to his injuries.
The claim petition was filed on his behalf by his wife, his son and his mother.
The Motor Accident Claims Tribunal was of the opinion that the accident did occur due to rash and negligent driving by the driver of the three-wheeler. The vehicle was insured with respondent no.3 insurance company and the liability was fixed on the insurance company by the Tribunal.
The Tribunal awarded total compensation of Rs. 4,33,000. The Tribunal applied the multiplier of 9 to the annual income of the deceased.
An appeal was filed before the High Court against the order of the Motor Accident Claims Tribunal.
The High Court after considering the submissions of the Ram Kishan and Insurance Company awarded them increased compensation on the opinion that the multiplier should have been thirteen instead of nine. The High Court also observed that the Tribunal was wrong in not granting any amount towards the future prospects.
Therefore, the High Court increased the compensation awarded to Rs. 6,55,000 with the amount to be given at the 7.5 % interest.
The change of multiplier was granted by the High Court as the age of the deceased was wrongly recorded as 60 and was found to be 50 years, based on scientific evidence. The High Court also increased the rate of interest from 7% to 7.5%.
The claimants challenged the High Court's Order before the Supreme Court.
Advocate Mukesh Kumar Sharma represented the claimants whereas Advocate Gopal Singh represented the Insurance Company.
The Supreme Court held that the compensation was correctly awarded by the High Court.
"The High Court has correctly awarded the compensation and the order of the High Court needs no interference by this Court. Hence this appeal is dismissed.", the Court held.
Cause Title- Roopwati & Ors. v. Ram Kishan & Ors.