Allahabad High Court
Mahesh Kumar Mishra And Others vs M/S. Meera Transport Corporation ... on 31 July, 2023
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:153732
Court No. - 2
Case :- FIRST APPEAL FROM ORDER No. - 361 of 2003
Appellant :- Mahesh Kumar Mishra And Others
Respondent :- M/S. Meera Transport Corporation And Others
Counsel for Appellant :- Ram Singh
Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the appellants and learned counsel for the respondents.
2. The present appeal has been filed by the claimants/appellants for enhancement of compensation.
3. Learned counsel for the claimants/appellants has contended that Tribunal has erred in assessing the income of the deceased inasmuch as deceased was income tax payee and as per the receipt of income tax return, the annual income of the deceased was Rs.40,650/- whereas Tribunal has assessed the income of the deceased to be Rs.2000/- per month. It is further submitted that no amount towards future prospect has been awarded to the claimants/appellant whereas considering the age of the deceased, claimants/appellants are also entitled to 40% towards future prospect in view of the judgement of Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others 2017 (16) SCC 680. It is further submitted that Tribunal has erred in applying the multiplier of 12 whereas considering the age of the deceased, Tribunal should have applied the multiplier of 18 in view of the judgment of the Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and others 2009 (6) SCC 121 in computing the compensation.
4. Per contra, learned counsel for the respondents submits that compensation awarded by the Tribunal is just and proper as there was no proof of income of the deceased. It is further submitted that deceased was bachelor and therefore, Tribunal should have deducted 1/2 towards the personal expenses of the deceased instead of 25% in view of the judgment of the Apex Court in the case of Sarla Verma (supra) in computing the compensation.
5. I have considered the rival submissions of the parties and perused the record.
6. The submission of learned counsel for the claimants/appellants in respect of assessment of income of the deceased has substance. Accordingly, it is provided that Tribunal should have taken the income of the deceased to be Rs.40,650/- per annum for the purpose of computation of compensation.
7. The submission of learned counsel for the claimants/appellants in respect of future prospect has got force in view of the judgement of Apex Court in the case of Pranay Sethi (supra) and thus, following the aforesaid judgement of Apex Court, considering the age of the deceased, claimants/appellants are entitled to 40% towards future prospect.
8. So far as the submission of learned counsel for the claimants/appellants in respect of wrong application of multiplier is concerned, the said submission is supported by the judgement of Apex Court in the case of Sarla Verma (supra) and thus, it is provided that compensation should be computed by applying the multiplier of 18 instead of 12.
9. So far as the submission of learned counsel for the respondents with regard to deduction of 1/2 towards personal expenses is concerned, the same has substance in view of the judgement of Apex Court in the case of Sarla Verma (supra). Thus, it is provided that 1/2 should be deducted towards personal expenses of the deceased instead of 25% on the enhanced amount of compensation.
10. It is also provided that enhanced amount of compensation shall carry 6% simple interest from the date of institution of claim petition till the date of its payment.
11. Thus, for the reasons given above, the appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. The insurance company is directed to pay the enhanced amount of compensation to the claimants/appellants within a period of three months from the date of production of a certified copy of this order. There shall be no order as to costs.
Order Date :- 31.7.2023
Sattyarth
