Case Note & Summary
The case involves two Miscellaneous First Appeals filed by the Divisional Manager of Shriram General Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 30.08.2017 passed by the I Additional Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hubballi, in MVC Nos.1222/2014 and 1221/2014. The appeals were heard together. The claimants, Yunus @ Yunusahamad @ Mohammadyunus Talikoti and Shabbirahmed Haldewale, were injured in a motor vehicle accident involving a Tata Ace van owned by Ramzankhan Pathan. The Tribunal awarded compensation to the claimants, assessing their income at Rs.9,000 per month based on notional income, as they were pan vendors with no fixed income proof. The Insurance Company appealed, challenging the income assessment and the non-deduction of personal expenses. The High Court, by consent of parties, took up the matters for final disposal. The Court noted that the Insurance Company did not challenge the income assessment before the Tribunal and no evidence was led to contradict the notional income. The Court also held that since the claimants were bachelors, no deduction for personal expenses was warranted. Consequently, the appeals were dismissed, and the Tribunal's award was upheld.
Headnote
A) Motor Accident Claims - Assessment of Income - Notional Income - The Tribunal assessed the income of the injured claimants, who were pan vendors, at Rs.9,000 per month based on notional income, which was not challenged by the Insurance Company. The High Court upheld this assessment as there was no evidence to the contrary. (Paras 1-3)
B) Motor Accident Claims - Personal Expenses - Deduction - The Tribunal did not deduct any amount towards personal expenses of the injured claimants as they were bachelors. The High Court held that this was correct and in accordance with legal principles. (Paras 1-3)
Issue of Consideration
Whether the Tribunal's assessment of income at Rs.9,000 per month for the injured claimants, who were pan vendors, and the non-deduction of personal expenses, is correct.
Final Decision
Both appeals are dismissed. The judgment and award dated 30.08.2017 passed by the I Additional Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hubballi, in MVC Nos.1222/2014 and 1221/2014 are upheld.
Law Points
- Motor Accident Claims
- Assessment of Income
- Notional Income
- Personal Expenses Deduction
- Section 173(1) MV Act 1988
Case Details
MFA No. 104098 of 2017 (MV-I) C/W MFA No. 104099 of 2017
S.K. Kayakamath for appellant; G.R. Turumari for respondent 1; R2 dispensed with
The Divisional Manager, Shriram General Insurance Company Limited, Hubballi, now represented by its Authorized Signatory
Sri. Yunus @ Yunusahamad @ Mohammadyunus S/o. Imamhussain Talikoti and Sri. Ramzankhan S/o. Anwarkhan Pathan (in MFA 104098/2017); Sri. Shabbirahmed S/o. Maqbool Ahmed Haldewale @ Hardewale and Sri. Ramzankhan S/o. Anwarkhan Pathan (in MFA 104099/2017)
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Nature of Litigation
Appeals against judgment and award of Motor Accident Claims Tribunal
Remedy Sought
Insurance Company sought reduction of compensation awarded to injured claimants
Filing Reason
Insurance Company challenged the Tribunal's assessment of income at Rs.9,000 per month and non-deduction of personal expenses
Previous Decisions
Tribunal awarded compensation in MVC No.1222/2014 and MVC No.1221/2014 on 30.08.2017
Issues
Whether the Tribunal's assessment of income at Rs.9,000 per month for the injured claimants is correct?
Whether the Tribunal erred in not deducting any amount towards personal expenses of the injured claimants?
Submissions/Arguments
Appellant (Insurance Company) argued that the income assessed at Rs.9,000 per month is excessive and personal expenses should have been deducted.
Respondents (Claimants) supported the Tribunal's award.
Ratio Decidendi
The Tribunal's assessment of income at Rs.9,000 per month based on notional income for pan vendors is not interfered with as the Insurance Company did not challenge it before the Tribunal. No deduction for personal expenses is required for bachelors.
Judgment Excerpts
Though the matters are listed for orders, by consent of parties, these matters are taken up for final disposal.
The Tribunal assessed the income of the injured claimants at Rs.9,000 per month based on notional income, which was not challenged by the Insurance Company.
The Tribunal did not deduct any amount towards personal expenses of the injured claimants as they were bachelors.
Procedural History
The claimants filed MVC Nos.1222/2014 and 1221/2014 before the I Additional Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hubballi, which passed judgment and award on 30.08.2017. The Insurance Company filed these appeals under Section 173(1) of the MV Act 1988. The appeals were heard together and disposed of by this common judgment.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
