To DATE: 20/07/2022

The manager (Legal)

HDFC ERGO General Insurance co. Ltd
2nd Floor, DM Tower
Race Course Road
Indore

SUBJECT: Claim case no. 400264/16 Smt Pooja Kaur and ors. Vs Ashok and
ors. Finally decided on 19/07/22 by Member MACT Indore
Sir,

Subjected case was pending before Member MACT Indore which has
finally been decided on 19/07/22. As per record on 07/09/15 Maninder Singh
was travelling in an Innova Car with other occupants from Indore to Shirdi. On
the way the driver of tractor bearing registration no. MH-18-Z-7937 and trailor
bearing registration no. MH-18-Z-5991 dashed into the Innova car due to which
occupant of the Innova car died. Tractor was insured with Iffco Tokio General
Insurance co. and trailor was insured with HDFC ERGO General insurance co.

Deceased was contractor and property broker. He was an income tax

payer. Claimants have submitted two IT returns of the deceased i.e. P-20 and P-
21. Exhibit P-21 i.e. IT Return of 2015-16 was submitted after the death of the
deceased therefore same was not considered. Tribunal has considered the IT
return of 2014-15 and income was considered as Rs 1,78,740/-. Further added
40% for future prospects, deducted ¼ for personal expenses and applied
multiplier of 15, accordingly awarded Rs 28,15,155/- for loss of dependency, Rs
15,000/- for funeral expenses, Rs 15,000/- for loss of estate, Rs 2,23,000/- for
Filial consortium, Rs 15,000/- for compensation, thus total awarded Rs
30,83,155/- and interest @6% from date of application i.e. 27/04/16 till its
realisation.
 On behalf of insurance co. defence was raised that FIR has been lodged
against unknown vehicle. Although, the investigation officer of police was
examined who stated that after due investigation it was found that driver of
tractor trolley was involved in accident. The eye witnesses have also narrated
the same story therefore the tribunal held that tractor and trolley both vehicles
were involved in the accident, accordingly liability was imposed against the
insurance co. of both the vehicles.

In my opinion looking to the income of the deceased which is shown in

the IT returns, the fact came in so many documents of police investigation that
the Innova car dashed with the trolley but as the liability was apportioned
between tractor and trolley the award does not seem appealable.

I have cross examined all the witnesses at length and the written
arguments were also submitted along with judgment.

The certified copy of the award and my professional bill is attached

herewith.

Yours Truly

Manoj Jain

Advocate
 BILL Date
20.07.2022

To Bill No. 114

The manager (Legal)
HDFC ERGO General Insurance co. Ltd
2nd Floor, DM Tower
Race Course Road
Indore

SUBJECT: Claim case no. 400264/16 Smt Pooja Kaur and ors. Vs Ashok and
ors. Finally decided on 19/07/22 by Member MACT Indore

Sir,

A sum of Rs. 15,000/- (Rupees Fifteen Thousand only) may kindly be paid
in the captioned cases, towards professional fees and expenses detailed as
under: -
PARTICULARS AMOUNT

1. Professional Fees 14,000.00

2. Misc. Expenses 1,000.00

TOTAL 15,000.00

(Rupees Fifteen Thousand only)

An early payment will be highly appreciated

Thanking You,

INDORE Yours
faithfully,
PAN – ABVPJ1659E
Bank Account no. – 30788064328
IFSC: SBIN001763

(MANOJ JAIN)
(ADVOCATE)