Meerut City Trnasport Service ... vs Rajveer Singh
2021 Latest Caselaw 942 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 66 of 2016
 

 
Appellant :- Meerut City Trnasport Service Ltd.
 
Respondent :- Rajveer Singh
 
Counsel for Appellant :- Sunil Kumar Misra
 
Counsel for Respondent :- Yogendra Pal Singh
 

 
Hon'ble Vivek Agarwal,J.

Heard Sri Sunil Kumar Misra, learned counsel for the appellant. Sri Yogendra Pal Singh, learned counsel for the respondent.

This appeal has been filed by the owner of the motor vehicle being aggrieved of award dated 1.10.2015 passed by learned Motor Accident Claims Tribunal/ Additional District Judge, Court No. 10,Meerut on the singular ground that learned Tribunal has awarded 50% as future prospects while making computation of compensation over looking the fact that at the time of accident age of the injured Rajveer Singh was about 50-60 years as per the driving licence in which his date of birth is mentioned as 22.10.1960, in an accident which took place on 2.11.2011. Therefore, future prospects should have been awarded at the rate of 10% in the light of law laid down in National Insurance Company Limited Vs. Pranay Sethi and others; (2017) 16 Supreme Court Cases 680.

This argument advanced by counsel for the appellant is just, proper and legal in terms of law laid down by the Supreme Court in case of Pranay Sethi (Supra). Accordingly compensation is to be re-worked out as under.

Income of the claimant has been accepted to be Rs. 84,000/- per annum. When 10% is added towards future prospects then income will come out to Rs. 92,400/- per annum. Disability has been accepted by the Tribunal to the extent of 30% which will take loss of annual income on account of permanent disability to the extent of Rs. 27,690/- per annum. Tribunal has applied multiplier of 8 which will be 9 in the light of judgment of the Supreme Court in Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and another; (2009) 6 SCC 121; in as much as Tribunal has accepted the age of the injured between 50-60 years, therefore, total pecuniary compensation will come out to Rs. 2,49,210/- (Rupees two lakhs forty nine thousand two hundred and ten) in place of Rs. 3,02,400/- (Rupees three lakhs two thousand and four hundred) awarded by the Claims Tribunal on account of 30% permanent disability. Therefore, there will be deduction of Rs. 53,190/- (Rupees Fifty three thousand one hundred and ninety only) from the amount payable under the head of permanent disability. Other terms and conditions of the award shall remain intact.

In above terms, the appeal is allowed in part.

Order Date :- 18.1.2021

S.K.S.