Smt. Madhu vs Akhalesh Kumar Jain And Others
2021 Latest Caselaw 2662 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1617 of 2000
 

 
Appellant :- Smt. Madhu
 
Respondent :- Akhalesh Kumar Jain And Others
 
Counsel for Appellant :- Pankaj Bharti
 

 
Hon'ble Vivek Agarwal,J.

1. Sri Pankaj Bharti, learned counsel for the appellant. Sri Brijesh Chandra Naik, learned counsel for respondent no. 3.

2. This appeal has been filed by one of the claimants (mother of the deceased) being aggrieved of award dated 5.9.2000 passed by learned Motor Accident Claims Tribunal/ Special Judge, Muzaffar Nagar in MAC Case No. 170 of1998 on the ground that learned Claims Tribunal has awarded meagre compensation for an accident which took place on 5.6.1996. It is submitted that once Tribunal has admitted age of the deceased to be 22-23 years then multiplier of 18 will be applicable in the light of law laid down in the case of Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and another as reported in (2009) 6 SCC 121. It is also submitted that claimants are entitled to computation of future prospects and appropriate amount under the head of non pecuniary compensation which has been fixed at Rs. 7000/- by the learned Claims Tribunal.

3. After hearing counsel for the parties and going through the record, it is apparent that deceased was working in a regular salaried job in Punjab National Bank. Tribunal has though taken into consideration aspect of grant of compassionate appointment to the widow of the deceased Sanjay, but this issue is now settled in terms of the judgment of the Supreme Court in the case of Vimal Kanwar and others Vs. Kishore Dan and others; (2013) 7 SCC 476. Thus taking clue from the calculation made by learned Claims Tribunal which has accepted dependency of the family at Rs. 19436.80 per annum, there will be addition of 50% towards future prospects taking total annual dependency to Rs 29,155.20. When multiplier of 18 is applied then total pecuniary compensation will come out to Rs. 5,24,793.60 (Rupees Five lakhs twenty four thousand seven hundred ninety three and sixty paise only). Tribunal has awarded a sum of Rs. 7000/- under the head of non pecuniary compensation taking clue from the second schedule under the Motor Vehicle Act which does not call for any interference looking to the date of accident dated 5.6.1996.

4. However, though appeal has been filed by one of the claimants but the fact of the matter is that both the wife and widow mother of the deceased are Class-I legal heirs of the deceased and therefore as per provisions contained in Hindu Succession Act both being Class-I legal heirs are entitled to appropriation of compensation in equal ratio. Therefore, it is directed that present appellant shall get a sum of Rs. 2,62,396.80 (Rupees Two lakhs sixty two thousand three hundred ninety six and eighty paise only) and similar amount will be admissible to the widow of the deceased. Both the claimants will be entitled to interest on the accrued amount at the rate of 7% per annum form the date of filing of the claim petition till the date of actual payment. Other terms and conditions of the award fixing the liability to make payment etc shall remain intact.

5. In above terms, the appeal is disposed of.

Order Date :- 19.2.2021

S.K.S.