Allahabad High Court
Pratap Singh And 2 Others vs New 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. - 3096 of 2016
Appellant :- Pratap Singh And 2 Others
Respondent :- New India Insurance Company Limited And 2 Others
Counsel for Appellant :- Rishikesh Tripathi
Counsel for Respondent :- Saurabh Srivastava
Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Rishikesh Tripathi, learned counsel for appellants, Sri Saurabh Srivastava, learned counsel for respondent no.1/New India Insurance Company Limited and perused the record. No one is present on behalf of respondent nos.2 and 3.
2. The present first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 20.07.2016 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.20, Agra in M.A.C.P. No.723 of 2014 (Pratap Singh and others Vs. Har Prasad and others), by which the claim petition filed by claimants-appellants was partly allowed and the compensation of Rs.1,88,800/- along with 7% interest has been awarded to the claimants-appellants on account of death of Subhash aged about 18 years.
3. It is submitted by learned counsel for claimants-appellants that Claims Tribunal had erred in awarding 30% future prospects and Rs.25,000/- for non-pecuniary damages whereas the claimants are entitled for 40% future prospects and Rs.30,000/- for non-pecuniary damages. It is further submitted that Claims Tribunal had also erred in applying the multiplier of 7 on the age of claimants whereas the law has been settled by Hon'ble the Apex Court in the case of Smt. Sarla Verma Vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677, that multiplier would be applicable on the age of deceased and since the age of the deceased was about 18 years, the appropriate multiplier would be of 18 in place of 7.
4. Learned counsel appearing for respondent no.1 Insurance Company has not disputed the aforesaid legal position.
5. 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.3,000/-
2. Annual Income : = Rs.3,000/- x 12 = Rs.36,000/-
3. Future prospects : (40%) = Rs.14,400/-
4. Total annual income : = Rs.36,000/- + Rs.14,400/- = Rs.50,400/-
5. Deduction towards
personal expenses (1/2) : = Rs.50,400/- - Rs.25,200 = Rs.25,200/-
6. Multiplier applicable (18) : = Rs.25,200/- x 18 = Rs.4,53,600/-
7. Non-pecuniary damages : = Rs. 30,000/-
Total : Rs.4,53,600/- + Rs.30,000/- = Rs. 4,83,600/-
6. 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.1,88,800/- to Rs.4,83,600/-. The New India Insurance Company Limited/respondent no.1 is directed to pay enhanced amount of Rs.2,94,800/- along with interest at the rate of 6% from the date of filing claim petition to the claimants/appellants, within two months from today.
7. No order as to costs.
Order Date :- 11.5.2022
Kpy
