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Monday, February 26, 2018

corporate laws - M.V. Act - Insurance laws - personal expenditure was fixed from 1/3 to 1/2 as dependents are majors= The deduction made for personal expenses at 1/3 is very low keeping in view the fact that the claimants are his two major sons and two grand­daughters. - We feel that 50% deduction is called for and if this factor is taken into consideration then the loss of dependency is Rs.1,82,250/­ and if multiplier of 5 is used, the compensation works out to Rs.9,11,250/­.

1
‘NON­REPORTABLE’
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITON (C) NO(S).13931 OF 2017
NEW INDIA ASSURANCE CO. LTD.       …. Petitioner (s)
Versus
VINISH JAIN AND ORS.      … Respondent(s)
WITH
SPECIAL LEAVE PETITON (C) NO(S).13932 OF 2017
NEW INDIA ASSURANCE CO. LTD.       …. Petitioner (s)
Versus
VINISH JAIN AND ORS.      … Respondent(s)
CIVIL APPEAL NO. 2445  OF 2018
(@SPECIAL LEAVE PETITION (C) NO(S).13933 OF 2017)
NEW INDIA ASSURANCE CO. LTD.       …. Appellant (s)
Versus
YOGESH JAIN AND ORS.      … Respondent(s)
J U D G M E N T
Deepak Gupta J.
1. These   three   cases   are   directed   against   the   judgment
dated  03.10.2016  whereby   three  appeals  under  the   Motor
Vehicles Act were disposed of by the High Court.
2
SLP (C) NO(S).13931 OF 2017
2. This case is filed by Vinish Jain and others.  It relates to
death of one Alok Jain.   Even as per the learned counsel for
the petitioner if the judgment rendered by the Constitution
Bench   of   this   Court   in  National   Insurance   Co.   Ltd. v.
Pranay Sethi1
   is applied, the difference in compensation is
just about 5%. 
3. This Court normally does not interfere where variation in
the compensation is within the permissible limits.  Therefore,
the special leave petition is dismissed.
SLP (C) NO(S).13932 OF 2017
4. This case filed by Vinish Jain and others relates to death
of one Kalpana Jain.   Even as per the learned counsel for the
petitioner if the judgment rendered by the Constitution Bench
of   this   Court   in  Pranay   Sethi (supra)   is   applied,   the
difference in compensation is just about 4%. 
1
(2017) 16 SCC 680
3
5. This Court normally does not interfere where variation in
the compensation is within the permissible limits.  Therefore,
the special leave petition is dismissed.
CIVIL APPEAL @ SLP (C) NO(S).13933/2017
6.  Leave granted.
7. This case relates to death of one A.P. Jain.  He was 78
years of age.   At the time of death, his annual income was
assessed at Rs.3,64,500/­.  The deduction made for personal
expenses at 1/3 is very low keeping in view the fact that the
claimants are his two major sons and two grand­daughters.
The major sons have their own source of income and were not
dependent on the deceased and the two grand­daughters are
primarily   dependent   on   their   father   and   not   on   their
grandfather.  We are also of the view that the High Court has
erred in granting Rs. 50,000/­ as loss of love and affection to
each of the claimants.   The total compensation granted is
Rs.14,39,980/­   along   with   interest   at   the   rate   of   7.5%
per annum. 
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8. We feel that 50% deduction is called for and if this factor
is taken into consideration then the loss of dependency is
Rs.1,82,250/­ and if multiplier of 5 is used, the compensation
works out to Rs.9,11,250/­.  In addition, the claimants would
be entitled to Rs.70,000/­ for love and affection and funeral
expenses etc. as per the judgment of this Court passed in the
case of  Pranay  Sethi (supra).   Accordingly, the amount of
compensation is reduced to Rs.9,81,250/­ along with interest
awarded by the Tribunal.
9. Stay   granted   vide   order   dated   24.04.2017   stands
vacated.     The   appeal   is   disposed   of   in   the   above   terms.
Pending applications, if any, shall also stand disposed of.
………………………..J.
(Madan B. Lokur)
…………………………J.
(Deepak Gupta)
New Delhi
February  23, 2018

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