Allahabad High Court
Sukhbir Singh Tyagi And Another vs U.P.S.R.T.C. And Another on 25 August, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 09.08.2021
Delivered on 25.08.2021
Case :- FIRST APPEAL FROM ORDER No. - 952 of 2018
Appellant :- Sukhbir Singh Tyagi And Another
Respondent :- U.P.S.R.T.C. And Another
Counsel for Appellant :- O.P. Rai
Counsel for Respondent :- Brahmanand Singh,Narendra Kumar Tiwari
Hon'ble Siddharth,J.
Heard learned counsel for the appellants, Sri Narendra Kumar Tiwari, learned counsel for respondent no.1 and Sri Brahmanand Singh, learned counsel for respondent no.2.
This first appeal from order has been preferred by the claimant-appellants against judgment and award dated 27.03.2010 passed by Mother Accidents Claims Tribunal / Special Judge EC Act / Additional District Judge, Ghaziabad in MAC Case No.536 of 2005 ( Sukhbir Singh Tyagi Vs. UPSRTC and another).
The brief facts of the Motor Accident Claim Petition are that on 10.08.2005 deceased, Pankaj Tyagi, was coming to his house at 10.40 p.m. driving a three wheeler No. UP14 R 2585 when it was hit at Vijay Nagar By-Pass Road, Ghaziabad by bus No.UP 83 E 9068 of U.P State Road Transport Corporation. It was pleaded that the driver of the bus was driving the same rashly and negligently, which resulted in the accident. In the accident Pankaj Tyagi aged 3 years died and hence the claim petition was filed claiming compensation of Rs.28,75,000/- along with 18 % interest.
This appeal has been filed praying for enhancement of amount of compensation awarded to the claimants by the M A C Tribunal from Rs.1,69,500/- to the amount claimed hence the other issues involved in the claim petition do not merit consideration.
Learned counsel for the appellant has submitted that the Motor Accidents Claims Tribunal has awarded compensation on lower side. The age of the widow of the deceased (22 years) was not considered nor correct multiplier was applied. He has relied upon the judgement of the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others (2017)SCC 16, page 360 and Smt. Sarla Verma Vs. Delhi Transport Corporation and another, 2009(2) TAC 677(SC) and has submitted that the deceased being self employed and below 40 years of age, claimants were entitled 40% of his income towards future prospect. He has further submitted that for the loss of estate, loss of consortium and funeral expenses, the Tribunal has awarded very meagre amount which should be enhanced.
Learned counsel for the opposite party - respondent no.1, U.P. State Road Transport Corporation has stated that the award has been passed against opposite party no.2, the Oriental Insurance Company Limited and therefore, he has no concern with this case. However, the involvement of the vehicle of the corporation has been denied by him.
Learned counsel for the Oriental Insurance Company has opposed the submissions made on behalf of the learned counsel for the claimant-appellants and has submitted that the judgment in the case of Pranay Sethi (Supra) relied upon by the learned counsel for the claimant-appellants has been passed in October, 2017 when the claim petition was decided on 27.03.2010.
After hearing rival submissions, this Court finds that as per judgement of Smt. Sarla Verma (Supra) the multiplier of 16 applied to the case of the deceased, who was aged about 30 years, is justified. 1/3 deduction from the salary was also in accordance with the aforesaid judgment of the Apex Court since the number of dependents of the deceased was only one.
However, in view of the judgement of the Apex Court in the case of Pranay Sethi (Supra) 40% addition to income of the deceased was permissible i.e. Rs.64,000/- and the amount of loss of estate, loss of consortium and funeral expenses should have been Rs.15,000/-, 40,000/- and Rs.15,000/-respectively as per para 61 (VIII) of the judgment in the case Pranay Sethi (supra). However, 10% enhancement provided in the above amounts after three years is not being allowed since the claim petition was decided in the year 2010.
The award of the Tribunal is accordingly, modified. The appellants will be entitled to 40% of the income of the deceased determined by the Tribunal for 16 years i.e. Rs.64,000/- and the amount of Rs.70,000/- towards loss of estate, loss of consortium and funeral expenses. The interest at the rate of 6% per annum shall also be paid the claimants on the aforesaid amount from the date of filing of claim petition till the date of actual payment which shall be made within two months by the Oriental Insurance Company Ltd., opposite party-respondent no.2. The amount already paid to the claimants towards loss of estate, loss of consortium and funeral expenses amounting to Rs.9,500/- shall be deducted by the insurance company while depositing enhanced amount of compensation before the Motor Accidents Claims Tribunal.
The first appeal from order stands partly allowed.
No order as to costs.
Order Date :- 25.08.2021
SS
