Smt. Bimla Devi And Another vs Agya Singh And Another
2022 Latest Caselaw 859 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2066 of 2021
 
Appellant :- Smt. Bimla Devi And Another
 
Respondent :- Agya Singh And Another
 
Counsel for Appellant :- ,Sharve Singh
 
Counsel for Respondent :- N.K. Srivastava
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Smt. Neerja Singh, learned counsel for the appellants, Sri N.K. Srivastava, learned counsel appearing on behalf of respondent no. 2 Insurance Company 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 26.05.2001, passed by Presiding Officer, Motor Accident Claims Tribunal / A.D.J., Court No. 12, Allahabad, in M.A.C.P. No. 16 of 1981 (Smt. Bimla Devi & another vs. Agya Singh & another).

It is submitted by learned counsel for the claimants-appellants that nothing has been awarded towards future prospects and only Rs. 2,000/- for funeral expenses and Rs. 5,000/- for loss of consortium has been awarded by the Claims Tribunal, whereas, the claimants are entitled 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.

Learned counsel appearing on behalf of respondent no. 2 has submitted that the compensation awarded by the Claims Tribunal is just and proper and no ground for enhancement is made out but he has not disputed the aforesaid legal positions.

Considering the rival submissions of learned counsel for the parties, the present first appeal from order is partly allowed and the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :-

1. Annual Income : Rs. 15,000/-

2. Future prospects : (40%) = Rs. 15,000/- x 40/100 = Rs. 6,000/-

3. Total annual income : Rs. 15,000/- + Rs. 6,000/- = Rs. 21,000/-

4. Deduction towards personal expenses (1/3rd) : Rs. 21,000/- - Rs. 7,000/- = Rs. 14,000/-

5. Multiplier applicable (16) : Rs. 14,000/- x 16 = Rs. 2,24,000/-

6. Non-pecuniary damages : Rs. 70,000/-

Total : Rs. 2,24,000/- + Rs. 70,000/- = Rs. 2,94,000/-

The Appeal is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 1,67,000/- to Rs. 2,94,000/-. The claimants-appellants are also entitled for interest at the rate of 6% on the enhanced amount from the date of filing claim petition. The respondent no. 2 National Insurance Co. Ltd. is directed to pay enhanced amount with interest to the claimants / appellants within two months from today.

No order as to costs.

Order Date :- 8.4.2022

sailesh