Allahabad High Court
Om Pal And Others vs Icici Lombard General Insurance ... on 16 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 2420 of 2010
Appellant :- Om Pal And Others
Respondent :- Icici Lombard General Insurance Co. Ltd. And Another
Counsel for Appellant :- Sharve Singh
Counsel for Respondent :- Rahul Sahai
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Smt. Nirja Singh, Advocate holding brief of Sri Sharva Singh, learned counsel for the appellants and Sri Rahul Sahai, learned counsel for the respondent no. 1 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 29.04.2010, passed by Additional District Judge / Motor Accident Claim Tribunal, Court No. 1, Gautam Budh Nagar, in M.A.C.P. No. 125 of 2008 (Sri Om Pal and others vs. Sri Gautam Singh and others) by which compensation of Rs. 2,28,000/- has been awarded to the claimants on account of death of Sri Ajab Singh aged about 55 years. The interest was awarded at the rate of 6% from 25.02.2010, when the evidence of claimants was closed.
It is submitted by learned counsel for the claimants-appellants that in the claim petition, the age of the deceased was 48 years and the document which was produced by the claimants discloses the age of the deceased as 55 years and the Claims Tribunal while deciding issue no. 4 has accepted the age of the deceased as 55 years, but applied the multiplier of 9 which was provided for the age group of 56-60 years. It is further submitted that the age of the deceased was 55 years, hence, the appropriate multiplier would be 11 as provided by Hon'ble Apex Court in the case of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.). It is further submitted that the Claims Tribunal has also erred in deducting 1/3rd towards personal expenses of the deceased, whereas, there are four dependents on the income of the deceased, as such, the appropriate deduction would be 1/4th in view of law laid down in the case of Smt. Sarla Verma (supra), Lastly is it submitted that nothing has been awarded towards future prospects and only Rs. 2,000/- has been awarded for funeral expenses, Rs. 5,000/- for loss of consortium and Rs. 5,000/- for loss of estate, whereas, the claimants are also entitled 10% future prospects and Rs. 70,000/- for non pecuniary damages as provided by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673. Lastly, it is submitted that the Claims Tribunal has also erred in awarding interest from 25.02.2010, when the claimants' evidence was closed, without assigning any reasons, whereas claimants are entitled interest from the date of filing claim petition.
On the other hand learned counsel appearing on behalf of respondent-Insurance Company has submitted that the compensation awarded by the Claims Tribunal is just ad proper and no ground for enhancement is made out but he has not disputed the aforesaid legal positions.
Considering the rival submissions of learned counsel for the parties, the present first appeal from order is partly allowed and 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 : (10%) = Rs. 3,600/-
4. Total annual income : Rs. 36,000/- + Rs. 3,600/- = Rs. 39,600/-
5. Deduction towards personal expenses (1/4th) : Rs. 39,600/- - Rs. 9,900/- = Rs. 29,700/-
6. Multiplier applicable (11) : Rs. 29,700/- x 11 = Rs. 3,26,700/-
7. Non-pecuniary damages : Rs. 70,000/-
Total : Rs. 3,26,700/- + Rs. 70,000/- = Rs. 3,96,700/-
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. 2,28,000/- to Rs. 3,96,700/-. The claimants-appellants are also entitled for interest at the rate of 6% on the total amount awarded to the claimants from the date of filing claim petition. The respondent-Insurance Companyis directed to pay enhanced amount a well as interest to the claimants within two months from today.
No order as to costs.
Order Date :- 16.5.2022
sailesh
