Savita And 4 Others vs Sushil Kumar And 2 Others
2021 Latest Caselaw 3824 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3966 of 2018
 

 
Appellant :- Savita And 4 Others
 
Respondent :- Sushil Kumar And 2 Others
 
Counsel for Appellant :- Vijay Prakash Mishra
 
Counsel for Respondent :- Krishna Shanker Chaudhary
 

 
Hon'ble Vivek Agarwal,J.

This appeal has been filed by the claimants being aggrieved of award dated 10.07.2018 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.15, Meerut in MACP No.1010 of 2014 only on the ground that learned Tribunal has awarded interest @ 7% from the date of judgment whereas this interest should have been awarded from the date of filing of the claim petition. Another ground, which has been taken is that only a sum of Rs.30,000/- has been awarded under the head of non pecuniary compensation, which needs to be enhanced to Rs.70,000/-.

This is not disputed by Sri Chaudhary, learned counsel for the respondents.

This prayer too is just and appropriate in the light of the law laid down by the Hon'ble Supreme Court in case of National Insurance Company Ltd., vs. Pranay Sethi and others (2017) 16 SCC 680. Thus, there will be addition of Rs.40,000/- to the amount awarded by learned Claims Tribunal and total compensation will stand at Rs.58,69,168/-. This additional amount along with amounts awarded by the learned Claims Tribunal will also earn interest @ 7% from the date of filing of the claim petition.

In above terms, appeal is disposed of.

Order Date :- 17.3.2021

Ravi/-