Smt.Dhunni Devi And Another vs B.C.Pant And Another
2024 Latest Caselaw 18194 ALL

Allahabad High Court

Smt.Dhunni Devi And Another vs B.C.Pant And Another on 21 May, 2024

Author: Vipin Chandra Dixit

Bench: Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91560
 
Court No. - 9
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1238 of 2011
 

 
Appellant :- Smt.Dhunni Devi And Another
 
Respondent :- B.C.Pant And Another
 
Counsel for Appellant :- Ram Singh
 
Counsel for Respondent :- Deepak Kumar Pandey,Ashish Kumar,Hasan Abbas
 

 
Hon'ble Vipin Chandra Dixit,J.
 

Heard Sri Ram Singh learned counsel for the appellants, Sri Dileep Singh, Advocate holding brief of Sri Ashish Kumar, learned counsel for the respondent no.1 and Sri Hasan Abbas, learned counsel for the respondent no.2 and perused the record.

This first appeal from order has been filed by the appellant against the judgement and award dated 12.01.2011 passed by Additional District Judge, Court No.-1/Motor Accident Claims Tribunal, Fatehpur in M.A.C.P. No. 76 of 2010 (Smt. Dhunni Devi and another Vs. V.C. Pant and another) by which compensation of Rs. 1,24,500/- along with 6% interest has been awarded on account of death of Rajesh aged about 12 years.

It is submitted by learned counsel for the appellant that the compensation awarded by the claims tribunal is too meager. He has placed reliance upon the judgment of Hon'ble Apex Court in the case of Meena Devi vs. Nunu Chand Mahto @ Nemchand Mahto & Ors. reported in 2023 (1) SCC 204 by which, the compensation has been enhanced by Hon'ble Apex Court from Rs. 2,00,000/- to Rs. 5,00,000/- for the death of a young boy aged about 12 years. It is further submitted that the case of the present claimants-appellants is squarely covered with the judgment passed by Hon'ble Apex Court in the case of Meena Devi (supra), as in the present case, the age of the deceased was 12 years.

On the other hand, Sri Hasan Abbas, learned counsel appearing on behalf of respondent no.2-Insurance Company does not dispute the aforesaid legal position.

Considered the rival submissions of learned counsel for the parties and perused the record.

Admittedly, the age of the deceased was 12 years on the date of accident and as such, compensation awarded by the claims tribunal is not appropriate. The claimants-appellants are entitled for compensation of Rs. 5,00,000/- in view of law laid down by Hon'ble Apex Court in the case of Meena Devi (supra).

In view of above, the present first appeal from order is partly allowed. The compensation awarded by the claims tribunal is enhanced from Rs. 1,24,500/- to Rs. 5,00,000/-. The claimants-appellants are also entitled for interest @ 6% on the enhanced amount from the date of award i.e. 12.01.2011.

The respondent no.2-Insurance Company is directed to pay the enhanced amount along with interest within two months from today.

Order Date :- 21.5.2024

Virendra