Allahabad High Court
Nand Kishore Sahu And Another vs Prem Kumar Dwivedi And Another on 7 April, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 704 of 2006
Appellant :- Nand Kishore Sahu And Another
Respondent :- Prem Kumar Dwivedi And Another
Counsel for Appellant :- Ram Singh
Counsel for Respondent :- Amit Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ram Singh, learned counsel for appellants, Sri Amit Singh, learned counsel for respondent no.2 and perused the record. No one is present on behalf of respondent no.1.
This first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 21.12.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Fatehpur in M.A.C.P. No.17 of 2005 (Nand Kishore Sahu and another Vs. Prem Kumar Dwivedi and another) by which the claim petition filed by claimants-appellants was partly allowed and compensation of Rs.84,500/- along with 6% interest had been awarded to the claimants-appellants on account of death of Km. Reeta Devi aged about 16 years.
The brief facts of the case is that the claimants-appellants had filed a claim petition on account of death of their daughter Km. Rita Devi, aged about 16 years, who died in a road accident caused by Tata Sumo Jeep bearing no.U.P.-77/A-7650 on 26.12.2004 driven by its driver very rashly and negligently. The claim petition was contested by owner as well as insurer of Jeep and the Claims Tribunal while deciding the issue no.1 has recorded the finding that accident was occurred on account of rash and negligent driving of Jeep driver. The Claims Tribunal has further recorded the finding while deciding the issue nos.2 and 3 that Jeep in question was duly insured with New India Assurance Company Limited, respondent no.2 and was driven by a driver who had a valid and effective driving license on the date of accident. The Claims Tribunal while deciding the issue no.4, accepted the age of the deceased as 13-13 years and had awarded compensation of Rs.84,500/- along with 6% interest to the claimants/appellants, who are parents of the deceased.
It is submitted by learned counsel for appellants that Claims Tribunal had erred in awarding a very meagre amount towards compensation to the claimants. He placed reliance on a judgment of Hon'ble Apex Court in the case of Kurvan Ansari alias Kurvan Ali and another Vs. Shyam Kishore Murmu and another, reported in 2022 (1) SCC 317, by which the Hon'ble Apex Court has enhanced the amount of compensation from Rs.2,25,000/- to Rs.4,70,000/- on account of death of a young boy of 7 years.
It is submitted by learned counsel for appellants that Hon'ble Apex Court has awarded compensation of Rs.4,70,000/- for the death of a young boy aged about 7 years and as such the claimants-appellants are also entitled for compensation of Rs.4,70,000/- in the light of above judgment of Hon'ble Apex Court.
Learned counsel appearing for respondent no.2- Insurance Company has submitted that compensation awarded by the Claims Tribunal is just and proper but he has not disputed the aforesaid legal position.
In view of above, since the Insurance Company has not challenged the award passed by Claims Tribunal, the findings recorded by Claims Tribunal in respect of negligence of driver of Tata Sumo Jeep as well as validity of driving license of driver and insurance of vehicle have become final. So far as quantum of compensation is concerned, the appeal filed by claimants-appellants is party allowed and the compensation awarded by the Claims Tribunal is modified and is enhanced from Rs.84,500/- to Rs.4,70,000/-. The claimants-appellants are also entitled for interest at the rate of 6% per annum on the enhanced amount from the date of filing of claim petition.
The respondent no.2 New India Assurance Company Limited is directed to deposit the enhanced amount of Rs.3,85,500/- along with interest within two months from today before the concern Claims Tribunal and appellants/claimants are entitle to withdraw the deposited amount without furnishing any surety.
No order as to costs.
Order Date :- 7.4.2022
Kpy
