Allahabad High Court
Smt. Madhu Rani Shahi And Others vs United India Insurance Company ... on 11 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 1436 of 2021
Appellant :- Smt. Madhu Rani Shahi And Others
Respondent :- United India Insurance Company Ltd. And Others
Counsel for Appellant :- Ashutosh Diljun,Ramesh Chandra Pathak,Sandeep Maniji Bakhshi
Counsel for Respondent :- Vipul Kumar,Vipul Kumar
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ramesh Chandra Pathak, learned counsel for claimants-appellants and Sri Vipul Kumar, learned counsel appearing for respondent no.1 & 4-United India Insurance Company Limited. No one is present on behalf of respondent nos.2 and 3.
This first appeal from order has been filed by the claimants for enhancement of compensation against the judgment and award dated 28.2.2009 passed by District Judge, Siddharthnagar in M.A.C.P. No.7 of 2006(Smt. Madhurani Shahi and others vs. Kaushal Kishor and others) awarding compensation of Rs.11,58,000/- alongwith 6% interest to the claimants on account of death of Bhupendra Narain Shahi aged about 36 years.
It is submitted by learned counsel for the claimants-appellants that the Claim Tribunal has erred in deducting 50% towards personal expenses of the deceased, whereas there were four dependents on the income of deceased as such, deduction should be 1/3rd in view of law laid down by Hon'ble Apex Court in Sarla Verma vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 (S.C.). It is further submitted that nothing has been awarded towards future prospects and only Rs.2000/- towards loss of love & affection, Rs.2000/- for funeral expenses and Rs.2000/- for loss of estate were awarded, whereas claimants are also entitled for 50% 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 for respondent no. 1- Insurance Company submitted that the Claim Tribunal has erred in applying multiplier of '16' whereas as per law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma(supra), the appropriate multiplier would be '15' for the age group 36-40 years.
Considering the rival submissions of learned counsels for the parties, the compensation awarded by Claim Tribunal is reassessed as below:-
1) Monthly income = Rs.12,000/-
2) Annual income = Rs.12,000/- X 12 =Rs.1,44,000/-
3) Future prospects (50%) = Rs.72,000/-
4) Total annual income = Rs.1,44,000/- + Rs.72,000/- =Rs.2,16,000/-
5) Deduction towards
personal expenses(1/3rd) = Rs.2,16,000/- - Rs.72,000/- =Rs.1,44,000/-
6) Multiplier applicable (15) =Rs.1,44,000/- x 15 = 21,60,000/-
7) Non-pecuniary damages =Rs.70,000/-
Total = Rs.21,60,000/- + Rs.70,000/- = Rs.22,30,000/-
In view of aforesaid discussion, the appeal filed by claimants is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs.11,58,000/- to Rs.22,30,000/-. The United India Insurance Company Limited/respondent no.1 is directed to deposit enhanced amount of Rs.10,72,000/- along with interest at the rate of 6% from the date of filing claim petition, within two months from today before the concerned Motor Accident Claims Tribunal. The claimants are entitled to withdraw the entire deposited amount without furnishing any surety.
Order Date :- 11.5.2022
P.P.
