Partly allowed

Kusum Devi and Another v. Mahendra Singh and Another

Allahabad HC12 Jan 2018FAFO/1226/2002

Case brief

AI extract

What is this about?

The High Court enhanced the compensation award in a Motor Accident Claim appeal. Based on recalculated notional income under Sarla Verma and non-pecuniary loss principles from National Insurance Co. Ltd. v. Pranay Sethi, an additional sum was granted to the heirs of the deceased.

What did the court decide?

Additional sum of Rs.1,16,000/- with interest at 9% from filing and 6% thereafter awarded; Tribunal judgment modified.

Kusum Devi and Another Vs Mahendra Singh and Another — Motor Accident Claims | Allahabad HC (2018)

¶1

Court No. - 27

¶2

Case :- FIRST APPEAL FROM ORDER No. - 1226 of 2002

¶3

Appellant :- Kusum Devi And Another Respondent :- Mahendra Singh And Another Counsel for Appellant :- Sharve Singh,A.L. Jaiswal Counsel for Respondent :- M.K.Nigam

¶4

Hon'ble Dr. Kaushal Jayendra Thaker,J.

¶5

Heard learned counsel for the parties and perused the record.

¶6

This appeal at the behest of the appellants has been preferred against the judgment and award dated 5.4.2002 by Additional District Judge, Court No.12/Motor Accident Claims Tribunal (hereinafter referred to as 'Tribunal') in M.A.C. No. 102 of 2000.

¶7

A very short point arises regarding compensation. The Tribunal has considered that the deceased was earning Rs.15,000/- per year which has considered to be the notional income and has deducted 1/3rd meaning thereby Rs.10,000/- per year has been considered to be the income available to the family.

¶8

It is felt by this Court while looking into the record and the averment that even in the year 1999, looking to his vocation, he would be earning a sum of Rs.2,000/- per month which comes to Rs.24,000/- per year. Out of which, 1/3rd has to be deducted. Hence, 6000 x 16 =96,000/- would be the additional amount as per the judgment in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 relying on Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. The deceased is admitted to be under the slab of 3135 years.

¶9

As far as the future prospect is concerned, as the Tribunal has awarded one multiplier more, it would take care of the future prospects.

¶10

This takes this Court to additional amount under non pecuniary which in the year would be 25% as awarded in Prayay Sethi (Supra) which would be Rs.20,000/- in the peculiar facts and

¶11

circumstances of this case.

¶12

Hence, the claimants would be entitled to the additional sum of Rs.96,000+20,000 = 1,16,000/with interest at the rate of 9% from the date of the filing of the claim petition till award and 6% thereafter as for no fault of the Insurance Company, the matter remained pending about 15 years.

¶13

In view of the above, the appeal is partly allowed. The judgment and decree passed by the Tribunal shall be modified to the aforesaid extent. The amount of deposited within 12 weeks from today.

¶14

This Court is thankful to both the counsel for getting very old matter disposed of.

¶15

Order Date :- 12.1.2018

¶16

DKS

Kusum Devi and Another v. Mahendra Singh and Another

Case brief

What is this about?

What did the court decide?

Kusum Devi and Another v. Mahendra Singh and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

U.P.S.R.T.C. Gorakhpur Vs Zafarullah

The Union of India Vs Smt. Mithila Devi

Smt. Jay W/O Sri Prabhu Dass Vs Shri Gurdayal Singh and Others

Smt. Prabha Devi and Others Vs Anil Kumar and Another

National Insurance Com.Ltd. Deoria Vs Bachhi Devi and Others

Ganga Prasad Vs the General Manager Kanpur Electricity Supply