Allahabad High Court
Smt. Komal And Another vs Smt. Sontosh Devi And 5 Others on 29 May, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:97739
Court No. - 9
Case :- FIRST APPEAL FROM ORDER No. - 2907 of 2016
Appellant :- Smt. Komal And Another
Respondent :- Smt. Sontosh Devi And 5 Others
Counsel for Appellant :- Satya Deo Ojha
Counsel for Respondent :- Sandeep Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
Sri Vipul Kumar, Advocate has put in appearance on behalf of respondent no. 3 by filing his Vakalatnama which is taken on record.
Heard Sri S.D. Ojha, learned counsel for the claimants-appellants, Sri Vipul Kumar, learned counsel for respondent no. 2, Sri Mohan Yadav, Advocate holding brief of Sri Sandeep Kumar Singh, learned counsel for respondent nos. 5 & 6 and perused the record. No one is present on behalf of respondent nos. 1, 3 and 4.
This first appeal from order has been filed on behalf of claimants-appellants for enhancement of compensation against the judgment and award dated 21.07.2016, passed by Motor Accident Courts Tribunal / Additional District Judge, Court No. 3, Muzaffar Nagar, in M.A.C.P. No. 593 of 2013 (Ankush @ rahul and others vs. Smt. Santosh Devi and another) by which compensation of Rs. 10,69,338/- along with 7% interest has been awarded to the claimants-appellants and liability has been fixed upon the respondent Insurance Company.
It is submitted by learned counsel for the appellants that the compensation awarded by the claims tribunal is too meager. The claimants had fully proved the income of the deceased as Rs. 12,000/- per month and the claims tribunal has erred in accepting Rs. 3,000/- as notional income of the deceased. It is further submitted that the age of the deceased was 22 years at the time of accident and the claims tribunal has wrongly applied the multiplier of 17, whereas, the multiplier of 18 would be applicable as per law laid down 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.). Lastly, it is submitted that nothing has been awarded towards future prospects and only Rs. 15,000/- has been awarded for non pecuniary damages, whereas, the claimants are entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages.
On the other hand, learned counsel appearing on behalf of respondent Insurance Company has not deputed that the multiplier of 18 would be applicable as the age of the deceased was 22 years and the claimants are also entitled for 40% future prospects.
Learned counsel appearing on behalf of respondent no. 5 Smt. Suman who is mother of the deceased submits that the respondent no. 5 has spent a huge amount in the treatment of deceased and the claims tribunal after considering the evidence has awarded Rs. 5,95,338/- to the respondent no. 5, which was stayed by this Court by interim order dated 26.09.2016.
Considered the rival submissions of learned counsel for the parties and perused the record.
Record shows that the claimants has not led any evidence regarding income of the deceased and the claims tribunal has accepted Rs. 3,000/- per month as notional income of the deceased. The accident was occurred on 30.09.2013 and as such, the notional income accepted by the claims tribunal is disappropriate and this Court is of the view that the notional income of Rs. 150/- per day (Rs. 4,500/- per month) is appropriate in view of the facts and circumstances of the case. The claimants are also entitled for future prospects and non pecuniary damages as per law settled by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673. The appropriate multiplier of 18 is applicable in the present case as the age of the deceased was 22 years at the time of accident.
In view of above, the first appeal from order is partly allowed and the compensation awarded by the claims tribunal is reassessed as under :-
1. Monthly Income : Rs. 4,500/-
2. Annual Income : Rs. 4,500/- x 12 = Rs. 54,000/-
3. Future prospects : (40%) = Rs. 21,600/-
4. Total annual income : Rs. 54,000/- + Rs. 21,600/- = Rs. 75,600/-
5. Deduction towards personal expenses (1/4) : Rs. 75,600/- - Rs 18,900/- = Rs. 56,700/-
6. Multiplier applicable (18) : Rs. 56,700/- x 18 = Rs. 10,20,600/-
7. Medical Expenses : Rs. 5,95,338/-
8. Non Pecuniary Damages : Rs. 70,000/-
Total : Rs. 10,20,600/- + Rs. 5,95,338/- + Rs. 70,000/- = Rs. 16,85,938/-
The award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 10,69,338/- to Rs. 16,85,938/-. The claimants/appellants are also entitled for interest at the rate of 6% on the enhanced amount from the date of award i.e. 21.07.2016.
The interim order dated 26.09.2016 is hereby discharged.
The respondent Insurance Company is directed to pay enhanced amount of Rs. 6,16,600/- along with interest to the claimants/appellants, who are widow and minor son of the deceased within two months from today.
The respondent no. 5, who is mother of deceased is entitled to receive Rs. 5,95,338/- along with interest, as awarded by claims tribunal. The Insurance Company is directed to pay the aforesaid amount with interest within two months, if not deposited.
Any amount deposited by the Insurance Company shall be adjusted towards the amount paid to the claimants.
No order as to costs.
Order Date :- 29.5.2024
sailesh
