Disposed

Smt. Parveen Alias Chunni and 6 Others v. the New India Assurance Co. Ltd. and 5 Others

Allahabad HC28 Feb 2020FAFO/515/2017

Case brief

AI extract

What is this about?

Appeal filed against Motor Accident Claims Tribunal award. Court noted errors in multiplier application but disposed of the appeal without enhancing the amount, noting the Insurance counsel's stance on certain propositions.

What did the court decide?

Appeal disposed of. No specific enhancement order passed in this judgment despite discussions on quantum.

Smt. Parveen Alias Chunni and 6 Others Vs the New India… — Insurance | Allahabad HC (2020)

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Court No. - 53

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Case :- FIRST APPEAL FROM ORDER No. - 515 of 2017

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Appellant :- Smt. Parveen Alias Chunni And 6 Others Respondent :- The New India Assurance Co. Ltd. And 5 Others Counsel for Appellant :- Amit Kumar Sinha,Deepali Srivastava Sinha

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Counsel for Respondent :- Arun Kumar Pandey

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Hon'ble Vivek Agarwal,J.

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Heard Sri Amit Kumar Sinha, counsel for the appellants and Sri Arun Kumar Pandey, counsel for the respondents.

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As per Office note dated 27.02.2020, notices were sent for service by registered post A.D. as well as ordinary post on 24.03.2017 fixing next date as 24.04.2017, but neither undelivered cover of registered post nor acknowledgment has been received after service.

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In view of such facts, service can be deemed to have been affected on respondent no.2 in terms of the High Court Rules and the provisions contained in Order 5 Rule 21 of C.P.C as amended for State of U.P.

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This appeal has been filed by the claimants being aggrieved against the award dated 28.11.2016 passed by the M.A.C.T./F.T.C., Allahabad in M.A.C.P. No.159 of 1998 (Smt. Parveen @ Chunni and others Vs. Surendra Pratap and another) on two grounds namely; future prospects has not been granted by the learned Claims Tribunal, though, he is entitled to future prospect @ 40% in the light of the law laid down in case of National Insurance Company Ltd. Vs. Pranay Sethi and others as reported in (2017) 16 SCC 680 , inasmuch as, Tribunal has accepted the age of the deceased, who was self employed as 30 years. Learned Claims Tribunal has awarded only a sum of Rs.30,000/- under non-conventional head against Rs.70,000/-

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(seventy thousand).

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In view of such facts, enhancement has been sought.

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Learned counsel for the Insurance Company does not dispute this proposition, therefore, since Tribunal has awarded a sum of Rs.5,18,400/-(five lakhs eighteen thousand and four hundred) as compensation. There has to be an addition of 40% but a perusal of the claim award reveals that learned Claims Tribunal has applied a wrong multiplier and instead of 17, it has applied multiplier 18, which is incorrect.

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In fact, claimants would have been entitled to a sum of Rs.4,89,600/-(four lakhs eighty nine thousand and six hundred), if correct multiplier would have been applied. Over and above this, claimant is entitled to 40% future prospect taking total compensation under pecuniary head to Rs.6,85,440/-(six lakhs eighty five thousand four hundred and forty). Over and above this, he is entitled to a sum of Rs.70,000/-(seventy thousand) under the head of non-pecuniary compensation taking total compensation to Rs.7,55,440/-(seven lakhs fifty five thousand four hundred and forty) against a sum of Rs.5,58,400/-(five lakhs fifty eight thousand and four hundred) awarded by learned Claims Tribunal. Therefore, there will be in addition of Rs.1,97,040/-(one lakh ninety seven thousand and forty), to which claimants will be entitled in addition to what has been awarded by learned Claims Tribunal along with 7% interest from the date, from which learned Claims Tribunal has awarded such interest. Other conditions of the award shall remain intact.

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In view of above terms, Appeal is disposed off.

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Order Date :- 28.2.2020 Ashutosh

Smt. Parveen Alias Chunni and 6 Others v. the New India Assurance Co. Ltd. and 5 Others

Case brief

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What did the court decide?

Smt. Parveen Alias Chunni and 6 Others v. the New India Assurance Co. Ltd. and 5 Others

Case brief

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