Partly allowed

Dr. Girwar Sahai Saxena and Another v. Devi Das and Others

Allahabad HC9 Aug 2019FAFO/464/2000

Case brief

AI extract

What is this about?

Appeal against Motor Accidents Tribunal order. Court modified compensation calculation for deceased minor child using National Insurance Co. Ltd. v. Pranay Sethi guidelines, increasing award to Rs. 3,46,000 with adjusted interest and deposit timeline.

What did the court decide?

Modified Tribunal order: compensation fixed at Rs. 3,46,000 with interest at 9% till award and 6% thereafter, deposit due within 12 weeks.

Dr. Girwar Sahai Saxena and Another Vs Devi Das and… — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 464 of 2000

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Appellant :- Dr. Girwar Sahai Saxena And Another Respondent :- Devi Das And Others Counsel for Appellant :- M.S Pipersenia,Amit Counsel for Respondent :- Ak Ojha,Sc Srivastava,Vikas Budhwar

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri M.S. Pipersenia, learned counsel for appellant and Sri Vikas Budhwar, learned counsel for respondents.

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By way of this appeal, the appellants who are the unfortunate parents of deceased have claimed additional amount for death of their 18 years old child in the motor accident. The Tribunal allowed a sum of Rs.80,000/- with 10% rate of interest.

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The respondents have been saddled with the liability for the tortuous act and they have been ordered to compassionate the appellants. The Tribunal held against the driver of the opposite party and held that he was the author of the accident. He had dashed the luna moped on which the deceased was going from behind. The accident occurred on 06.02.1997. The chargesheet was submitted against the driver, he has been held to be negligent; hence issue of negligence has not to be decided whether the vehicle was insured has also been answered in favour of the claimant and the owner of the vehicle. The insurance company has not raised any dispute.

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The learned counsel for appellant has submitted that the Tribunal has fallen error, as the Tribunal held that the income of deceased can be considered to be Rs.15,000/- per annum and deducted 1/3rd and granted multiplier of 8. No additional

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amount under the head of funeral expenses, no amount for love and affection or filial consortium was ever granted.

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Learned counsel for appellant has relied on judgment of Apex Court in Sarla Verma and Others Vs. Delhi Transport Corporation and another reported in 2009 (6) SCC 121, Laxmi Devi Vs. Mohammad Tabbar reported in 2008 (12) SCC 165 and Kishan Gopal and anothers Vs. Lala and others reported in 2014 (1) SCC 244.

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In the year of accident 1997, when the accident occurred as per the judgment of Lata Wadhwa v. State of Bihar AIR 2001 SC 3218 and Sarla Verma (supra) , notional income of the minor child can be considered to be Rs.24,000/- per year as per the National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 , to which as the deceased was 18 years of age, 40% of the income requires to be added in view of the decision in Pranay Sethi (Supra) which would come to Rs.24,000 + 9,600 = 33,600/- out of which 1/2 requires to be deducted as personal expenses of the deceased and, hence, the annual datum figure available to the family is Rs.16,800/- rounded up to Rs.17,000/-. As the deceased was in the age bracket of 16-20 years, the applicable multiplier would be 18 in view of the decision of the Apex Court in Sarla Verma (supra) . In addition to that Rs.40,000/- is granted towards conventional heads as it is matter of 1997. Hence, the claimants are entitled to a total sum of Rs.17000 x 18 +40,000 = Rs.3,46,000/-

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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

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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.

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The record and proceeding be sent back to the tribunal. This Court is thankful to all the three counsels for getting very old matter.

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Order Date :- 09.08.2019 Shubhankar

Dr. Girwar Sahai Saxena and Another v. Devi Das and Others

Case brief

What is this about?

What did the court decide?

Dr. Girwar Sahai Saxena and Another v. Devi Das and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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