Partly allowed

Smt.Swaroopi Devi and Others v. Sheo Dan Singh and Others

Allahabad HC1 Aug 2019FAFO/149/2000

Case brief

AI extract

What is this about?

The court partially allowed an appeal against a Motor Accident Claims Tribunal award. It enhanced compensation by increasing the multiplier and adding funds for future prospects, and reduced the applicable interest rate.

What did the court decide?

The appeal was partly allowed; the tribunal award was modified to enhance compensation and reduce interest; the total amount was recalculated to Rs. 3,62,800/-.

Smt.Swaroopi Devi and Others Vs Sheo Dan Singh and… — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 149 of 2000

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Appellant :- Smt.Swaroopi Devi And Others Respondent :- Sheo Dan Singh And Others Counsel for Respondent :- S.K. Mehrotra

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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This appeal, at the behest of the claimants, has been preferred against the judgment and award dated 17.11.1999 passed by Motor Accident Claims Tribunal/XI Additional District Judge, Aligarh (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 16 of 1995 awarding a sum of Rs.1,11,000/- with interest at the rate of 12% as compensation in favour of the claimants.

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Though notices were sent, none has appeared on behalf of appellant after the elevation of their earlier advocate. This Court has been ably assisted by Sri S.K. Mehrotra, learned Advocate on behalf of respondents.

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The deceased was in service and was earning Rs. 2571.50 which has been accepted by the Tribunal. Out of which 1/3rd has been deducted and according to his age, granted multiplier of 10 and a sum of Rs.7,000/- was granted under other heads.

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The claimants are entitled to enhancement on the basis that no amount under the head of future prospects has been granted which should be 25% of the income as he was a salaried person and in the age bracket of 40-50 years. The multiplier also requires to be enhanced and is enhanced to 13 and I am in agreement with the submission of Sri S.K. Mehrotra that as it is a matter of the year 1995, only Rs.30,000/- be awarded under the non-pecuniary heads.

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Hence, the claimants are entitled to a total sum of Rs. (2571.50 + 25% of 2571.50 = 3200 approx) x 12 x 2/3 x 13 + Rs.30,000 = 3,62,800/-

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The interest cannot be 12% but it would be 9% from the date of the filing of the claim petition till award and 4% thereafter till the amount is deposited.

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

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claimants for disbursement.

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This Court is thankful to Sri S.K. Mehrotra, learned Advocate, for ably assisting the Court.

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Order Date :- 1.8.2019 DKS

Smt.Swaroopi Devi and Others v. Sheo Dan Singh and Others

Case brief

What is this about?

What did the court decide?

Smt.Swaroopi Devi and Others v. Sheo Dan Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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