Allahabad High Court
Smt. Sangita And Others vs Satvir Singh And Others on 16 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 2037 of 2018
Appellant :- Smt. Sangita And Others
Respondent :- Satvir Singh And Others
Counsel for Appellant :- Nigamendra Shukla,Anubhav Sinha,Dharmendra Kumar Gupta,Kiran Gupta
Counsel for Respondent :- Sunil Kumar,Amulya Ratna Srivastava,Rahul Sahai
Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Anubhav Sinha, learned counsel for appellants, Sri Rahul Sahai, learned counsel for respondent no.3/Future General Insurance Company Limited and perused the record. No one is present on behalf of respondent nos.1 and 2.
2. The present first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 14.03.2011 passed by learned Motor Accident Claims Tribunal/District Judge, Gautam Budh Nagar in M.A.C.P. No.274 of 2008 (Smt. Sangita and others Vs. Sri Satvir Singh and others), by which the claim petition filed by claimants-appellants was partly allowed and the compensation of Rs.11,21,600/- along with 6% interest has been awarded to the claimants-appellants on account of death of Dharmendra Kumar Sharma aged about 31 years.
3. It is submitted by learned counsel for claimants-appellants that Claims Tribunal had erred in awarding Rs.7,000/- for loss of consortium, Rs.5,000/- for funeral expenses and Rs.5,000/- for loss of estate and nothing has been awarded towards future prospects 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 the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(4) T.A.C. 673.
4. On the other hand, learned counsel appearing for respondent Insurance Company has submitted that the Claims Tribunal had erred in applying the multiplier of 17 accepting the age of deceased as 31 years at the time of accident whereas the Hon'ble Apex Court in the case of Smt. Sarla Verma Vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677, has provided the multiplier of 16 for the age group of 31-35 years and as such the appropriate multiplier would be 16.
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.8,100/-
2. Annual Income : = Rs.8,100/- x 12 = Rs.97,200/-
3. Future prospects : (40%) = Rs.38,880/-
4. Total annual income : = Rs.97,200/- + Rs.38,880/- = Rs.1,36,080/-
5. Deduction towards
personal expenses (1/3) : = Rs.1,36,080/- - Rs.45,360 = Rs.90,720/-
6. Multiplier applicable (16) : = Rs.90,720/- x 16 = Rs.14,51,520/-
7. Non-pecuniary damages : = Rs. 70,000/-
Total : Rs.14,51,520/- + Rs.70,000/- = Rs.15,21,520/-
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.11,21,600/- to Rs.15,21,520/-. The Future General Insurance Company Limited/respondent no.3 is directed to pay enhanced amount of Rs.3,99,920/- 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 :- 16.5.2022
Kpy
