The New India Assurance Co. Ltd. vs Smt. Naseem Begum And 6 Others
2021 Latest Caselaw 4560 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1812 of 2015
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Smt. Naseem Begum And 6 Others
 
Counsel for Appellant :- Rahul Sahai
 
Counsel for Respondent :- Nigamendra Shukla
 

 
Hon'ble Vivek Agarwal,J.

1. Sri Rahul Sahai, learned counsel for the appellant. Sri Nigamendra Shukla, learned counsel for the respondent-claimants.

2. This appeal has been filed by the Insurance Company being aggrieved of award dated 30.4.2015 passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 14, Meerut in MACP No. 552 of 2013 on several grounds but Sri Rahul Sahai, counsel for the appellant fairly submits that only one ground subsists to be pressed this appeal namely that Tribunal has arbitrarily awarded future prospects at the rate of 50% which needs to be curtail down to 40% in the light of the judgment in case of National Insurance Company Limited Vs. Pranay Sethi and others; (2017) 16 Supreme Court Cases 680.

3, Sri Nigamendra Shukla submits that only a sum of Rs. 7000/- has been awarded under the head of non-pecuniary compensation which needs to be enhanced to Rs. 30,000/-.

4. After hearing counsel for the parties and going through the record, it is evident Tribunal has accepted income of the deceased to be Rs. 60000/- per annum. Tribunal has added 50% towards future prospects whereas only 40% is to be added towards future prospects. Deceased was admittedly a bachelor, therefore, annual dependency of the family will come to Rs. 30,000/-. When 40% is added towards future prospects annual dependency will come to Rs. 42000/-

5. Admittedly, deceased was aged about 19-years. Therefore, multiplier of 18 will be applicable taking total pecuniary compensation to Rs. 7,56,000/- (Rupees Seven lakhs fifty six thousands only). Over and above, which claimants are entitled to a sum of Rs. 30,000/- taking total compensation to Rs. 7,86,000/- (Rupees Seven lakhs eighty six thousands only) against a sum of Rs. 8,40,000/- awarded by the Claims Tribunal. Therefore, there will be reduction to the tune of Rs. 54,000/- from the amount awarded by the Claims Tribunal. To this extent appeal succeeds. Other terms and conditions of the award shall remain intact.

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

7. Record of the Tribunal be sent back immediately.

8. If any amount under Section 173 has been deposited, then that be remitted to the learned claims tribunal to be adjusted against the amount to be disbursed in favour of the claimants or for refund, as the case may be.

Order Date :- 24.3.2021

S.K.S.