Smt. Sandepa Devi And Others vs Childrens Senior Academy And ...
2022 Latest Caselaw 20479 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 7
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2747 of 2012
 
Appellant :- Smt. Sandepa Devi And Others
 
Respondent :- Childrens Senior Academy And Others
 
Counsel for Appellant :- Chandra Shekhar Kushwaha
 

 
Hon'ble Ajay Bhanot,J.

1. Heard Shri Chandra Shekhar Kushwaha, learned counsel for the appellant and Shri Aman Sharma, learned counsel holding brief of Shri Rahul Sahai, learned counsel for the Insurance Company.

2. This appeal arises out of an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Muzaffar Nagar1 in Motor Accident Claim Petition No. 332 of 2011 (Smt. Sandepa Devi and others Vs. Childrens Senior Academy and others) dated 30.03.2012 by partly allowing the claim of the claimants. This appeal has been filed by the claimants for enhancement of the amount awarded by the learned tribunal in the impugned judgment.

3. The claimants are the mother and siblings of the deceased Anu.

4. Briefly the case of the claimants before the learned tribunal was that the deceased died of injuries sustained in an accident which occurred on 02.12.2010, and was caused by the rash and negligent driving of the driver of bus bearing registration No. UP 20 C-1358. The offending vehicle was insured by respondent no. 3 Reliance Insurance Company Ltd. The deceased was 12 years of age at the time of his death and was a school going child.

5. 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 Meena Devi Vs. Nunu Chand Mahto @ Nemchand Mahto and others2.

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

    i. Date of Accident 		    - 02.12.2010
 
    ii. Name of Deceased 		    -  Km. Anu
 
    iii. Age of the deceased		    - 12 years
 
    iv. Occupation of the Deceased      - Student 
 
    v. Income of the deceased	    - 30,000/- per annum
 

vi. Name, Age and Relationship of Claimants with the deceased:

Sr. No.

Name

Age

Relation

1.

Sandeepa Devi

Mother

2.

Km. Kiran

Sister

3.

Arun

Brother

4.

Km. Nisha

Sister

vii. Computation of Compensation

Sr. No.

Heads

Amount (in Rupees)

1.

Annual Income

30,000/-

2.

Multiplier

3.

Annual loss of dependancy

15x30000=4,50,000

4.

Conventional head

50,000

6.

Total Compensation

5,00,000/-

7.

Interest

7%

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.

8. The appeal is partly allowed.

Order Date :- 09.12.2022

Dhananjai