Air Appeal No.1088/1991 dismissed for lack of prosecution; Cross Objection allowed citing National Insurance Co. Ltd. v. Pranay Sethi; Additional compensation and interest awarded to claimants.
Cross objection allowed; additional sum of Rs.31,200 plus Rs.25,000 under non pecuniary head awarded with interest.
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Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1088 of 1991 Appellant :- Union Of India & Others Respondent :- Vimla Devi & Others Counsel for Appellant :- Saurabh Srivastava,U.O.I(Css),V.K. Singh Counsel for Respondent :- Madhav Jain
Hon'ble Dr. Kaushal Jayendra Thaker,J.
This is an appeal of the year 1991. Though name of Sri V.K. Singh and Saurabh Srivastava are shown for the appellants, none represents Union of India. However, Sri Madhav Jain, learned counsel for the respondent is present. Hence, this Court has no other option but to dismiss this appeal for want of prosecution.
Dismissed for want of prosecution.
Interim relief, if any, stands vacated forthwith.
However, the cross objection filed by the claimants-respondents is required to be allowed in view of the decision of the apex court in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 as there were 10 dependents and it is submitted that the deduction should have been 1/5th.
The Tribunal's decision considering the income of the deceased Rs.1500/- cannot be found fault with. Out of which, 1/5th have to be deducted and hence the claimants would be entitled to additional sum of Rs.200 x 12 x 13 = 31,200/-
Further, as the accident is of the year 1984, I deem it fit to award Rs.25,000/- under the non pecuniary head.
In view of the above, the cross objection is allowed.
The additional amount of Rs.56,000/- will carry interest at the rate of 9% from the date of the filing of the claim petition till award and 4% thereafter. The amount be deposited within a period of eight weeks from today.
Records and proceedings be sent to the Court
below immediately. The amount be disbursed by the the Tribunal without keeping in fixed deposit as 23 years have already elapsed.
Order Date :- 4.1.2018 DKS
1 issue framed by the court
Whether the cross objection regarding compensation deduction should be allowed based on Supreme Court precedent.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi and OthersApplied¶7
National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050
Union Of India
Vimla Devi
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
