Disposed

Smt. Kum Kum Devi and Another v. Narendra and 2 Ors.

Allahabad HC25 Feb 2020FAFOD/187/2016

Case brief

AI extract

What is this about?

This appeal challenged the compensation awarded by the Motor Accident Claims Tribunal for a fatal motor vehicle accident. The Single Judge condoned the appeal delay, applied the legal framework from National Insurance Company Ltd. Vs. Pranay Sethi for calculating future prospects and dependency, and disposed of the appeal with directions to evaluate the claimants' entitlement.

What did the court decide?

C.M. delay application allowed; appeal disposed of with directions to the Tribunal to consider enhanced compensation based on statutory calculations.

Smt. Kum Kum Devi and Another Vs Narendra and 2 Ors. — Consumer Protection | Allahabad HC (2020)

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Court No. - 53

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Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 187 of 2016

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Appellant :- Smt. Kum Kum Devi And Another Respondent :- Narendra And 2 Ors. Counsel for Appellant :- Kamlesh Kumar Mishra,G.K.Upadhaya,Gautam Kumar

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Hon'ble Vivek Agarwal,J.

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None for the respondents.

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Heard Sri Sharda Prasad Pandey, counsel for the appellants.

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As per Office note, though a counter affidavit has been filed bearing no.146659 of 2017 by one Sri Abhinav Krishna, Advocate on behalf of respondent no.1 but no Vakalatnama has been filed by Sri Abhinav Krishna, Advocate as per status so his name is not printed in the cause list.

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Prior to that there is a report of issuance of notice to respondent nos.1, 2 and 3 by registered post A.D. in regard to which, it is mentioned that neither undelivered cover nor acknowledgment has been received back unserved, therefore, in terms of the provisions contained in High Court Rules and also in order 5 Rule 21 of C.P.C, service is deemed to be complete.

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In view of such facts, as nobody is appearing to oppose the delay of 14 days in filing the appeal, delay is condoned.

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Accordingly, C.M. Delay Condonation Application No.41684 of 2016 is allowed.

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On merits.

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This appeal has been filed by the claimants being aggrieved by award dated 21.10.2015 passed by Chairman, Motor Accident Claims Tribunal, Gautam Budh Nagar in M.A.C. No.108 of 2014.

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Case of the claimant is that on 12.06.2013 at around 10:30 am, Mohan Kumar, who is son of the claimants was returning to Sector 48, NOIDA from Karkar in Sahibabad when he reached near Gate No.1 of Sector 48, NOIDA, he was hit by Truck No.HR-55F-4359

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being driven rashly and negligently by its driver-opposite party no.1 from behind causing grievous injuries. Injured was rushed to hospital where he died during treatment.

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According to the claimants, deceased was working with one Gupta Contractor in Sahibabad and was a bachelor. His age was 22 years and he was earning a salary of Rs.9,500/- (nine thousand five hundred) per month.

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Learned Claims Tribunal relying on the salary certificate paper no.8(c) on record proved by P.W.-2, Bhupendra Gupta along with the Attendance Register of the employees considered the notional income of the deceased at Rs.4,000/- (four thousand).

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Admittedly, on 12.06.2013 minimum wages on the date of accident for an unskilled labourer were to the tune of Rs.4,975/- (four thousand nine hundred and seventy five) per month. Since, deceased was a bachelor, it will be presumed that he was spending 50% of the amount on maintaining himself and, therefore, the dependency of the claimants will come out to Rs.2,487.50/- (two thousand four hundred eighty seven and fifty paise) per month or Rs.29,850/- (twenty nine thousand eight hundred and fifty) per annum.

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Over and above this, as per law laid down in case of National Insurance Company Ltd. Vs. Pranay Sethi and others as reported in (2017) 16 SCC 680 , 40% amount is to be added towards future prospects as admittedly deceased was 22 years of age taking annual dependency of the claimants to Rs.41,790/(fourty one thousand seven hundred and ninety). As deceased was admittedly 22 years of age, multiplier of 18 will be applicable taking tatal pecuniary compensation to Rs.7,52,220/- (seven lakhs fifty two thousand and two hundred and twenty).

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Over and above this, claimants are entitled to a sum of Rs.30,000/(thirty thousand) under the general and non-pecuniary damages taking total compensation to Rs.7,82,000/- (seven lakhs and eighty two thousand) as against Rs.6,39,000/- (six lakhs and thirty nine thousand) awarded by learned Claims Tribunal. Therefore, there

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will be an enhancement to the tune of Rs.1,43,220/-(one lakh fourty three thousand two hundred and twenty) to which claimants will be entitled over and what has been awarded by learned Claims Tribunal. It will not be out of place to mention that Claims Tribunal has awarded a sum of Rs.1,25,000/- (one lakh twenty five thousand) under non-pecuniary head which is already adjusted while making the calculation, therefore, this enhanced amount of Rs.1,43,220/- (one lakh fourty three thousand two hundred and twenty) shall also carry interest @ 7% from the date of the filing of the claim petition till the date of actual payment. To clarify further, claimants will be entitled to a sum of Rs.7,82,000/- (seven lakhs eighty two thousands) in toto, out of which a sum of Rs.7,00,000/(seven lakhs) shall remain invested in the name of the mother of the deceased namely appellant no.1 in monthly income scheme of the Indian Post Office so to fetch her recurring monthly returns for her up keep and maintenance. This amount shall remain invested at least for a period of five years.

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With the aforesaid directions, appeal is disposed off.

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Order Date :- 25.2.2020 Ashutosh

Smt. Kum Kum Devi and Another v. Narendra and 2 Ors.

Case brief

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Smt. Kum Kum Devi and Another v. Narendra and 2 Ors.

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