Partly allowed

Vidya Devi v. the Oriental Insurance Co. Ltd. and 2 Others

Allahabad HC21 Oct 2019FAFO/2802/2019

Case brief

AI extract

What is this about?

The High Court allowed a first appeal by an injured claimant against a Motor Accident Claims Tribunal award. The court enhanced the compensation quantum, granting 60% loss of income and increased non-pecuniary damages, modifying the total award to Rs. 5,00,600/- with interest at 9%.

What did the court decide?

Compensation enhanced to Rs. 5,00,600/- payable with interest at 9% from filing date and 6% thereafter within 12 weeks.

Vidya Devi Vs the Oriental Insurance Co. Ltd. and 2… — Motor Accident Claims | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- FIRST APPEAL FROM ORDER No. - 2802 of 2019

¶3

Appellant :- Vidya Devi Respondent :- The Oriental Insurance Co. Ltd. And 2 Others

¶4

Counsel for Appellant :- Sharve Singh,Neerja Singh Counsel for Respondent :- Sushil Kumar Mehrotra

¶5

Hon'ble Dr. Kaushal Jayendra Thaker,J.

¶6

Heard Sharve Singh for the appellant and Sri S.K. Mehrotra for the Insurance company and perused the judgment and order impugned.

¶7

This appeal, at the behest of the injured-claimant, challenges the judgment dated 11.04.2019 and decree dated 15.04.2019 passed by Motor Accident Claims Tribunal, Allahabad (hereinafter referred to as 'Tribunal') in M.A.C. No. 538 of 2008 awarding a sum of Rs.3,40,446/with interest at the rate of 7% for the injuries suffered by the claimant – appellant.

¶8

The accident is not in dispute. The issue of negligence decided in favour of the appellant herein. Respondent concerned has not challenged the liability imposed on it by the Tribunal. Hence, the only issue to be decided is, the quantum.

¶9

Sri Sharve Singh prays that the amount to be enhanced under: (i) mental shock suffering; and (ii) 60% disability which the claimant has incurred but is ignored by the Tribunal and for mental shock suffering paid only Rs.5,000/- which should be Rs.20,000/-.

¶10

It is submitted by learned counsel for the appellant that the Tribunal has considered income of the injuredclaimant to be Rs.3,000/- per month which is not disputed. It is submitted that no amount under the head of future loss of income has been granted. It is also submitted that the amount under non-pecuniary heads and the interest

¶11

¶12

awarded are also on the lower side. The following authoritative pronouncements are pressed into service by appellant:

¶13

(i) Sanjay Kumar Vs. Ashok Kumar and another, (2014) 5 SCC 330; (ii) Syed. Sadiq and others Vs. Divisional Manager, United India Insurance Company Limited, (2014) 2 SCC 735; (iii) V. Mekala Vs. M. Malathi and another, (2014) 11 SCC 178; and

¶14

As against this, it is submitted by learned counsel for the respondent that no future income loss can be granted as the income of the claimant has not been shown to have been decreased. It is submitted that no additional amount under the head of future prospects has to be added as per the judgment in Raj Kumar Vs. Ajay Kumar and another, reported in (2011) 1 SCC 343 .

¶15

After hearing the counsel for the parties and perusing the judgment and order impugned, this Court feels that the Tribunal has rightly assessed the income of the deceased to be Rs.3,000/- per month namely Rs.36,000/- per year. To which as the injured was aged 40 years at the time of accident, 40% of the income would have to be added as future loss of income to the injured in view of the decision of the Apex Court in Raj Kumar Vs. Ajay Kumar and another, reported in (2011) 1 SCC 343 and Syed. Sadiq and others (Supra) which would bring the figure to Rs.36,000 + 14,400 = Rs.50,400/-. The annual loss of the injured would be 60% namely Rs.30,240/-. Multiplier of 15 has been rightly granted by the Tribunal. In addition to that, Rs.20,000/- is granted under the head of non-pecuniary damages and Rs.20,000/- under other heads plus Rs.6,441/- which is rounded to Rs.7,000/- as medical expenses. Hence, the appellant would be entitled to Rs. 30,240 x 15 + 20,000 +

¶16

¶17

20,000 + 7,000 = Rs. 5,00,600/-.

¶18

As far as rate of interest is concerned, a Division Bench of Lucknow Bench in F.A.F.O. No. 199 of 2017 (National Insurance Company Limited Vs. Lavkush and another), decided on 21.3.2017, have interpreted the Rules, which has been followed by this Court time and again, will enure for the benefit of the appellant and, therefore, the rate of interest would be 9% as held in catena of decisions of this High Court.

¶19

In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited with interest at the rate of 9% from the date of filing of the claim petition till award and 6% thereafter till the amount is deposited. The amount be deposited within a period of 12 weeks from today. The amount already deposited be deducted from the amount to be deposited.

¶20

Order Date :- 21.10.2019 Irshad

Vidya Devi v. the Oriental Insurance Co. Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

Vidya Devi v. the Oriental Insurance Co. Ltd. and 2 Others

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

Rajendra Kumar Vs Shyam Lal and Others

Smt. Ram Kali @ Phoolkali Vs Rajesh Kumar Jaiswal and Another

Smt. Mandakini Vs Sri Ravindra Kumar and Another

Km. Taseerunnisha Vs Mahesh Chandra Gupta and Others

Smt. Akbari Begum and Others Vs U.P.S.R.T.C.

Girish Chandra Vs Dropati Devi and 2 Others