GENERAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. MANA BIBI

JUDGEMENT

(1.) This appeal is filed by the insurance company to challenge an award dated 10.08.2017 passed by the Motor Accident Claims Tribunal, Sonamura, West Tripura in T.S. (MAC) No.52 of 2012.

(2.) Brief facts are as under:

(3.) This award the insurance company has challenged on quantum. No questions about the liability of the insurance company to satisfy the award or the negligence of the driver of the bus insured by the insurance company in causing the accident have been raised. I have, therefore, focused only on the calculation of the compensation. Having heard learned counsel for the parties, I do find that the Tribunal has committed a few errors in awarding compensation under different heads, nevertheless the errors committed are on both sides and eventually even out and which would not call for any interference with the compensation awarded. To begin with, awarding Rs.50,000/- to the mother towards pain and suffering is not recognized under the law. Awarding a total of Rs.1,00,000/- to two widows for loss of consortium, is also not as per the trend set by the Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and others reported in (2017) 16 SCC 680 and thereafter clarified in case of United India Insurance Company Ltd. v. Satinder Kaur alias Satwinder Kaur and Ors. reported in 2020 SCC OnLine SC 1106. By virtue of these judgments now it appears that the loss of consortium would be Rs.40,000/-, however, each claimant in case of a close relatives such as wife, children or parents.