Allahabad High Court
Smt. Nageena vs Nand Lal on 2 March, 2022
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- FIRST APPEAL FROM ORDER No. - 1276 of 1993
Appellant :- Smt. Nageena
Respondent :- Nand Lal
Counsel for Appellant :- M.K. Tewari,P. Verma,Ram Singh,S.M.Kausar,S.S.Yadav,V.K.Barman,Vidya Kant Shukla,Z.H. Hanif
Counsel for Respondent :- Anita Srivastava,N.L. Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard.
2. This is a claimant's appeal claiming enhancement of compensation awarded by the Tribunal for the death of child who was 15 years of age at the time of death. Motor Accident Claims Tribunal/XIVth Additional District Judge, Allahabad vide order dated 28.8.1993 awarded sum of Rs.33,000/- with interest at the rate of 12% in M.A.C. No. 358 of 1992. Sri R.K. Porwal, learned counsel for the appellant has submitted that in the year of accident, normally the amount awardable to the child would be at least Rs.2,25,000/- with interest at the rate of 6%.
3. The learned counsel for the appellant has contended that the award is bad and relied on decision of this Court and Apex Court in Kishan Gopal and another v. Lala and others, 2013 (101) ALR 281 (SC) = 2013 (131) AIC 219 = 2014 (1) AICC 208 (SC) and Manju Devi's case, 2005 (1) TAC 609 = 2005 AICC 208 (SC) relied by this Court in its recent decision of this Court in United India Insurance Company Limited. Vs. Mumtaz Ahmad and Another, 2017 (2) AICC 1229 wherein this Court held as follows:
"6. Sri Ram Singh has heavily relied on the decision in the case of Kishan Gopal and another v. Lala and others, 2013 (101) ALR 281 (SC) = 2013 (131) AIC 219 = 2014 (1) AICC 208 (SC) and Manju Devi's case, 2005 (1) TAC 609 = 2005 AICC 208 (SC). It goes without saying the notional figure fixed by the Apex Court since Manju Devi's judgment has been consistently Rs.2,25,000 for children below the age of 15 years. I think that is just and proper and hence, the amount requires to be enhanced from Rs.1,57,000 to Rs.2,25,000 with 6% be recovered from the owner. The appeal is partly allowed. The cross-objection is also partly allowed."
4. The judgment of Kisan Gopal (Supra) cannot be made applicable to the facts of this case as in this case the apex court did not deduct any amount towards personal expenses. Under all the heads, the judgment of Mumtaz Ahmad (Supra) is applicable to the facts of this case, hence, the award is required to be enhanced and is enhanced to Rs.2,25,000/- with interest at the rate of 6% from the date of filing of the claim petition till the date of award of the Tribunal and from today till the date the amount is deposited 3% simple interest. However, from the date of filing of this appeal till today, namely the period when this appeal has remained pending for the fault of the claimant, no interest will be paid to the appellant-claimant. This court is fortified in its view by the decision of the Apex Court in Lakkamma and Others Vs. The Regional Manager M/s United India Insurance Co. Ltd., AIR 2021 SC 330.
5. The decision relied on by the learned counsel of the appellant in Kurvan Ansari Alias Kurvan Ali & Anr Vs. Shyam Kishore Murmu & Anr., Civil Appeal No. 6902 of 2021 (arising out of Special Leave Petition (C) No. 5311 of 2019 decided on 16.11.2021 will not apply to the facts of the case as this is a accident of the year 1992 whereas the accident in case of Kurvan Ansari (supra) is of the year 2011 where the living rate has come under the lot of changes and therefore the Apex Court has considered his income as per the same decision. In our case the judgement on point is the judgement in Manju Devi's case and the judgement in Munmtaz Ahmad as decided herein (supra), hence submissions of the learned counsel for the respondent cannot be accepted and is rejected.
6. In view of the above, the appeal is partly allowed. The additional amount be recalculated with fresh rate of interest and deposited within 12 weeks from today.The judgment and award passed by the Tribunal shall stand modified to the aforesaid extent.
Order Date :- 2.3.2022
PS
