Allahabad High Court
Smt. Meera Kesarwani And Others vs Siya Ram Kesarwani And Others on 7 April, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 2434 of 2010
Appellant :- Smt. Meera Kesarwani And Others
Respondent :- Siya Ram Kesarwani And Others
Counsel for Appellant :- Amit Kumar Sinha
Counsel for Respondent :- Mansoor Ahmad
Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Amit Kumar Sinha, learned counsel for appellants, Sri Mansoor Ahmad, learned counsel for respondent no.3/The New India Assurance Company Limited and perused the record.
2. The present first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 11.02.2010 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.15, Allahabad in M.A.C.P. No.824 of 1998 (Smt. Meera Kesarwani and others Vs. Siya Ram Kesarwani and others), by which the claim petition filed by claimants-appellants was partly allowed and compensation of Rs.1,84,500/- along with 6% interest has been awarded to the claimants-appellants on account of death of Suresh Chandra aged about 35 years.
3. It is submitted by learned counsel for claimants-appellants that Claims Tribunal had erred in accepting the notional income of the deceased as Rs.15,000/- per annum, whereas Hon'ble Apex Court in the case of Laxmi Devi & others vs. Mohammad Tabbar & Another reported in 2008 (2) T.A.C. 394 (S.C.), has provided the notional income of Rs.3,000/- per month (Rs.36,000-/- per annum).
4. It is further submitted that Claims Tribunal had erred in deducting 1/3 towards personal expenses of the deceased ignoring the fact that there are five dependents on the income of the deceased and as such the deduction would be 1/4 in view of law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma Vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677.
5. It is further submitted that Claims Tribunal had not awarded any amount towards future prospects and only Rs.2,000/- for funeral expenses, Rs.2,500/- for loss of estate and Rs.5,000/- for loss of consortium has been awarded whereas the claimants-appellants are entitle for 40% 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.
6. Learned counsel appearing for respondent no.3 Insurance Company has submitted that the age of the deceased was 35 years at the time of accident and the Claims Tribunal had erred in applying the multiplier of 17 whereas the appropriate multiplier is 16 as provided by Hon'ble Apex Court in the case of Sarla Verma (supra).
7. Considering the rival submissions of learned counsel for the parties, the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :-
1. Monthly Income : = Rs.3,000/-
2. Annual Income : = Rs.3,000/- x 12 = Rs.36,000/-
3. Future prospects : (40%) = Rs.14,400/-
4. Total annual income : = Rs.36,000/- + Rs.14,400/- = Rs.50,400/-
5. Deduction towards
personal expenses (1/4) : = Rs.50,400/- - Rs.12,600 = Rs. 37,800/-
6. Multiplier applicable (16) : = Rs.37,800/- x 16 = Rs. 6,04,800/-
7. Non-pecuniary damages : = Rs. 70,000/-
Total : Rs. 6,04,800/- + Rs. 70,000/- = Rs. 6,74,800/-
8. 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.1,84,500/- to Rs. 6,74,800/-. The New India Assurance Company Limited/respondent no.3 is directed to pay enhanced amount of Rs.4,90,300/- along with interest at the rate of 6% from the date of filing claim petition, within two months from today.
9. No order as to costs.
Order Date :- 7.4.2022
Kpy
