Allahabad High Court
Smt. Anita Rawat And Others vs Veer Pal Singh And Others on 4 April, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 3693 of 2012
Appellant :- Smt. Anita Rawat And Others
Respondent :- Veer Pal Singh And Others
Counsel for Appellant :- I.P. Singh
Counsel for Respondent :- Siddarth Jaiswal
Hon'ble Vipin Chandra Dixit,J.
As per office report dated 29.9.2018, notices were issued to respondent nos. 1 to 3 by RPAD fixing 29.11.2018 and as per office report dated 21.3.2022, neither undelivered cover nor acknowledgement has returned back after service in respect of respondent nos. 1 & 2 whereas respondent no.3 is represented by Sri Siddhartha Jaiswal, Advocate.
In view of above, service upon respondent Nos.1 and 2 is deemed to be sufficient.
Heard Sri I.P. Singh, learned counsel for the claimants-appellants and Sri Siddhartha Jaiswal, learned counsel appearing for respondent no.3-United India Insurance Company Limited. No one is present on behalf of respondent nos.1 & 2.
This first appeal from order has been filed by the claimants for enhancement of compensation against the judgment and award dated 12.7.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Bulandshahr in M.A.C.P. No.138 of 2009 (Smt. Anita Rawat and others vs. Veerpal Singh and others) awarding compensation of Rs.8,50,000/- alongwith 6% interest to the claimants on account of death of Ravindra Kumar Rawat aged about 44 years.
It is submitted by learned counsel for the claimants-appellants that the Claim Tribunal has erred in deducting 1/3rd towards personal expenses of the deceased, whereas there were four dependents on the income of deceased as such, deduction should be 1/4th in view of law laid down by Hon'ble Apex Court in Sarla Verma vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 (S.C.). It is further submitted that nothing has been awarded towards future prospects and only Rs.5000/- towards loss of consortium, Rs.2000/- for funeral expenses and Rs.2500/- for loss of estate were awarded, whereas claimants are also entitled for 25% future prospects and Rs.70,000/- for non-pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(4) T.A.C. 673.
On the other hand, learned counsel for the Insurance Company submitted that the compensation awarded by the Claims Tribunal is just and proper and no good ground for enhancement is made out but he has not disputed the legal argument of learned counsel for the claimants.
Considering the rival submissions of learned counsels for the parties, the compensation awarded by Claim Tribunal is reassessed as below:-
1) Monthly income = Rs.7,500/-
2) Annual income = Rs. 7,500/- X 12 + Rs.90,000/-
3) Future prospects (25%) = Rs.22,500/-
4) Total annual income = Rs.90,000/- + Rs.22,500/- =Rs.1,12,500/-
5) Deduction towards
personal expenses(1/4th) = Rs.1,12,500/- - Rs.28,125/- =Rs.84,375/-
6) Multiplier applicable (14) =Rs.84,375/- x 14= 11,81,250/-
7) Non-pecuniary damages =Rs.70,000/-
Total = Rs.11,81,250/- + Rs.70,000/- = Rs.12,51,250/-
In view of aforesaid discussion, the appeal filed by claimants is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs.8,50,000/- to Rs.12,51,250/-. The United India Insurance Company Limited/respondent no.3 is directed to deposit enhanced amount of Rs.4,01,250/- along with interest at the rate of 6% from the date of filing claim petition, within two months from today before the concerned Motor Accident Claims Tribunal. The claimants are entitled to withdraw the entire deposited amount without furnishing any surety.
Order Date :- 4.4.2022
P.P.
