Smt. Suneeta Devi And Another vs Maqsood Ali And 2 Ors.
2022 Latest Caselaw 19362 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 7
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1501 of 2015
 
Appellant :- Smt. Suneeta Devi And Another
 
Respondent :- Maqsood Ali And 2 Ors.
 
Counsel for Appellant :- Ram Singh
 

 
Hon'ble Ajay Bhanot,J.

Heard Sri Ram Singh, learned counsel for the appellants and Sri Aditya Singh Parihar, learned counsel holding brief of Sri Rahul Sahai, learned counsel for the insurance company.

The appeal arises out of a judgment rendered by the Motor Accident Claims Tribunal/Additional District Judge/Fast Track Court, Fatehpur in M.A.C.P. No. 10 of 2014 (Smt. Suneeta Devi and another Vs Maqsood Ali and others) partly allowing the claim of the claimants. This appeal has been filed by the claimants for enhancement of the amount awarded by the Tribunal in the impugned judgment.

The undisputed facts of the case are that the deceased Shivam Dwivedi was twelve years of age on the date of accident and was a school going child. The claimants are parents of the deceased minor child. The deceased died of injuries sustained in a motor vehicle accident which occurred on 07.11.2013. The compensation to which the claimants/appellants are entitled is liable to be calculated in the light of the judgment rendered by the Supreme Court in (Special Leave Petition (Civil) No. 5345 of 2019) Meena Devi Vs Nunu Chand Mahto @ Nemchand Mahto and others reported at MANU/SC/1320/2022.

The compensation to which the claimants/appellants are entitled consistent with the Meena Devi (supra) is tabulated hereunder:

i. Date of accident - 07.11.2013

ii. Name of deceased - Shivam Dwivedi

iii. Age of the deceased - 12 years

iv. Occupation of the deceased - Student

v. Income of the deceased - /-

vi. Name, age and relationship of claimants with the deceased:

Sr. No.

Name

Age

Relation

1.

Smt. Suneeta Devi

Mother

2.

Sidhh Nath Dwivedi

Father

vii. Computation of Compensation

Sr. No.

Heads

Amount (in Rupees)

1.

Annual income

30,000/-

2.

Multiplier

3.

Annual loss of dependency

15x30000=4,50,000

4.

Conventional heads

50,000/-

5.

Total compensation

5,00,000/-

6.

Interest

7%

In the wake of preceding discussion this Court finds that the total compensation to which the appellants/claimants are entitled is Rs. 5,00,000/-. The amount shall be paid by the respondent insurance company within a period of two months. The enhanced amount shall carry interest of 7% per annum from the date of accident till it is disbursed to the claimants.

The appeal is allowed.

Order Date :- 1.12.2022

Pravin