Allahabad High Court
Dukhi Ram And 2 Others vs U.P.S.R.T.C. Corporation Thru ... on 9 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 2768 of 2015
Appellant :- Dukhi Ram And 2 Others
Respondent :- U.P.S.R.T.C. Corporation Thru Its Regional Manager And Anr.
Counsel for Appellant :- Ram Singh
Counsel for Respondent :- Mukesh Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ram Singh, learned counsel for the appellants and Sri Mukesh Kumar Singh, learned counsel for the respondents and perused the record.
This first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 25.07.2015, passed by Additional District Judge,Court No. 8 / Motor Accident Claim Tribunal, Allahabad, in M.A.C.P. No. 112 of 2012 (Dukhi Ram and others vs. U.P.S.R.T.C. and another) by which claim petition filed by claimants-appellants was partly allowed and compensation of Rs. 5,59,000/- along with 7% interest has been awarded to the claimants on account of death of Ramesh Chandra Gautam, who was aged about 34 years.
It is submitted by learned counsel for the claimants-appellants that the Claims Tribunal has erred in not awarding any amount towards future prospects and only Rs. 5000/- for love and affection, Rs. 5000/- for mental pain and Rs. 5,000/- for funeral expenses have been awarded, 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.
On the other hand, learned counsel appearing on behalf of U.P.S.R.T.C. has submitted that the age of the deceased was about 34 years at the time of accident and the Claims Tribunal has erred in applying the multiplier of 17, whereas, the Hon'ble Apex Court in the case of of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.) has provided the multiplier of 16 for the age group of 31 to 35 years.
Considering the rival submissions of learned counsel for the parties, the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :-
1. Monthly Income : Rs. 4,000/-
2. Annual Income : Rs. 4,000//- x 12 = Rs. 48,000/-
3. Future prospects : (40%) = Rs. 19,200/-
4. Total annual income : Rs. 48,000/- + Rs. 19,200/- = Rs. 67,200/-
5. Deduction towards personal expenses (1/3rd) : Rs. 67,200/- - Rs. 22,400/- = Rs. 44,800/-
6. Multiplier applicable (16) : Rs. 44,800/- x 16 = Rs. 7,16,800/-
7. Non-pecuniary damages : Rs. 70,000/-
Total : Rs. 7,16,800/- + Rs. 70,000/- = Rs. 7,86,800/-
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. 5,59,000/- to Rs. 7,86,800/-. 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. 1 U.P. State Road Transport Corporation is directed to pay enhanced amount a well as interest to the claimants within two months from today.
No order as to costs.
Order Date :- 9.5.2022
sailesh
