Allowed

Devender Kumar Verma Alis Muniya and Others v. R.S.R.T.C. and Others

Allahabad HC20 Jan 2021FAFO/1187/2004

Case brief

AI extract

What is this about?

The court disposed of an appeal seeking enhancement of motor accident compensation. Relying on Supreme Court precedents, the court awarded higher compensation with additional amounts for future prospects and non-pecuniary loss, increasing the total award and permitting interest.

What did the court decide?

Compensation enhanced to Rs. 6,34,800/- with interest at 6% from date of filing till payment.

Devender Kumar Verma Alis Muniya and Others Vs… — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 1187 of 2004

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Appellant :- Devender Kumar Verma Alis Muniya And Others Respondent :- R.S.R.T.C. And Others Counsel for Appellant :- Madhav Jain,Sheeba Rizvi

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Hon'ble Vivek Agarwal,J.

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List revised.

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None for the respondents.

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As per order dated 16.12.2020 service was deemed to be sufficient on respondents no.1 and 2.

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Ms. Sheeba Rizvi, learned counsel for appellants submits that appellant no.1 has died recently and his legal heirs are already on record. Formally she may be allowed to delete the name of the appellant no.1 from the array of appellants. Prayer for deletion is allowed.

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This appeal has been filed by the claimants being aggrieved of award dated 02.01.2004 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Agra in MACP No.1193 of 2002 seeking enhancement of compensation on the ground that learned claims tribunal has applied incorrect multiplier and has also not awarded any amount under the head of future prospect.

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There is no dispute as to the factum of the income taken by claims tribunal at Rs.4,000/- per month treating deceased to be engaged in the work of gold smith. Admittedly, deceased was a bachelor, therefore, 50% deduction from the income treating it to have been spent by the deceased on his own living expenses. Therefore, dependency comes out to Rs.24,000/- per year. As deceased was a bachelor, aged about 22 years not engaged in a permanent job, therefore, there will be an addition of 40% towards the future prospects as per the law laid down in National Insurance Company Ltd., vs. Pranay Sethi and others (2017) 16 SCC 680 taking total annual dependency of the family to Rs.33,600/-.

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As per the law laid down in case of Smt. Sarla Verma and other vs. Delhi Transport Corporation and another (2009) 6 SCC 121 , multiplier of 18 will be applicable taking total pecuniary compensation to Rs.6,04,800/- over and above which claimants will be entitled to a sum of Rs.30,000/- under the head of non-pecuniary compensation taking total compensation

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to Rs.6,34,800/- against a sum of Rs.4,56,960/- awarded by learned claims tribunal. Therefore, there will be enhancement of compensation to the tune of Rs.1,77,840/- which shall also earn interest @6% as has been awarded by learned claims tribunal from the date of filing of claim petition till the date of actual payment.

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In above terms, the appeal is disposed of.

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Order Date :- 20.1.2021

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Devender Kumar Verma Alis Muniya and Others v. R.S.R.T.C. and Others

Case brief

What is this about?

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Devender Kumar Verma Alis Muniya and Others v. R.S.R.T.C. and Others

Case brief

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What did the court decide?

What the court decided

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