Allahabad High Court
Dr. Ramnaresh Pandey vs Prashant Shekhar And Another on 22 March, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 3087 of 2019
Appellant :- Dr. Ramnaresh Pandey
Respondent :- Prashant Shekhar And Another
Counsel for Appellant :- Sanjeev Kumar Pandey
Counsel for Respondent :- ,Pradeep Singh Sengar,Vinod Kumar Singh
Hon'ble Vivek Agarwal,J.
1. Heard Sanjeev Kumar Pandey, learned counsel for appellant, Sri Pradeep Singh Sengar, learned counsel for respondent no. 1 and Sri Radhey Shyam, learned counsel for insurance company.
2. This appeal has been filed by the claimants being aggrieved of the award dated 18.03.2017 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Etah in Claim Case No. 177 of 2015, on the ground that income of the deceased, who was admittedly an 'Ayurvedic Doctor', B.A.M.S. degree has been construed at Rs. 200/- (two hundred rupees) per day or Rs. 6,000/- (six thousand rupees) per month or Rs. 72,000/- (seventy two thousand rupees) per annum, whereas Delhi High Court in case of Sita Devi and Another vs. Virendra Singh Rawat and Others as reported in 2013 ACJ 2116, accepted income of B.A.M.S. student at Rs. 25,000/- (twenty five thousand rupees) including future prospects of 50% i.e., almost Rs. 17,000/- (seventeen thousand rupees) per month. Placing reliance on this judgment, it is submitted that taking into consideration, age and experience of the deceased, tribunal was not justified in computing his income at Rs. 200/- (two hundred rupees) per day.
3. It is true that no documents in relation to the income of the deceased, is brought on record, but it is also true that there is a direct co-relation between the income and the professional degree possessed by a person. In the present case, deceased was having a diploma in Ayurvedic medicine and not a degree. Under such facts and circumstances, income of the deceased can be accepted at Rs. 12,000/- (twelve thousand rupees) per month or Rs. 1,44,000/- (one lakh forty four thousand rupees) per annum. Deceased is survived by four legal heirs, therefore, 1/4th is to be deducted towards living expenses of the deceased, taking total dependency to Rs. 1,08,000/- (one lakh eight thousand rupees). Tribunal has accepted age of the deceased to be in the age bracket of 56-60 years and has applied multiplier of 9. However, prior to that there will be addition of 10% towards future prospects, taking total dependency to Rs. 1,18,800/- (one lakh eighteen thousand eight hundred rupees). When multiplier of 9 is applied, as has been applied by learned tribunal, then total pecuniary compensation will come out to Rs. 10,69,200/- (ten lakhs sixty nine thousand two hundred rupees). Over and above which, claimants are entitled to a sum of Rs. 70,000/- (seventy thousand rupees) under the head of non-pecuniary compensation, taking total compensation to Rs. 11,39,200/- (eleven lakhs thirty nine thousand two hundred rupees), as against Rs. 9,11,000/- (nine lakhs eleven thousand rupees) awarded by learned tribunal. Thus, there will be addition to the tune of Rs. 2,28,200/- (two lakhs twenty eight thousand two hundred rupees) which will also earn interest @ 7% p.a. from the date of filing of the claim petition. Other terms and condition of the award shall remained in tact.
4. In above terms, appeal is disposed off. Lower Court Record be sent back to the tribunal forthwith.
Order Date :- 22.3.2021
Vikram/-
