Allowed

Prakash and Others v. Bijenderpal and Others

Allahabad HC17 Feb 2021FAFO/2017/2011

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What is this about?

This appeal from a Motor Accident Claim award sought enhancements in pecuniary and non-pecuniary compensation by contesting the income assessment, multiplier, and future prospects. The court disposed of the appeal by granting enhanced compensation of Rs. 4,83,600.

What did the court decide?

Appellate court disposed appealing by granting total compensation of Rs. 4,83,600 against the lower award of Rs. 2,38,500.

Prakash and Others Vs Bijenderpal and Others — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1 Case :- FIRST APPEAL FROM ORDER No. - 2017 of 2011 Appellant :- Prakash And Others Respondent :- Bijenderpal And Others Counsel for Appellant :- Y.K. Sinha,Hemendra Pratap Singh Counsel for Respondent :- Rajeev Ojha,Rajesh Chandra Gupta

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Hon'ble Vivek Agarwal,J.

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Heard Sri Hemendra Pratap Singh, learned counsel for appellant. None for the respondents even when the list is revised.

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This appeal has been filed by the claimants being aggrieved of award dated 05.03.2011 passed by learned Motor Accident Claims Tribunal/IIIrd Additional District & Sessions Judge, Gautam Budh Nagar in MACP No. 15 of 2005, on the ground that accident took place on 09.07.2004. Deceased was a driver of Eicher Canter vehicle. Tribunal has construed his income at Rs. 3,000/- (three thousand rupees) per month, which is on the lower side, it should have been at least 6,000/- (six thousand rupees) per month. Secondly, multiplier of 13 has been applied, which needs to be enhanced to 18. Thirdly, no amount has been awarded under the head of future prospect. The amount awarded under the head of non-pecuniary compensation is also on the lower side.

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Admittedly, deceased was a 'bachelor'. Therefore, 50% income is to be construed to have been spent by the deceased on self. Therefore, annual dependency will come out to Rs. 18,000/- (eighteen thousand rupees) per annum. Taking into consideration, age of the deceased to be 23 years, there will be 40% addition towards future prospects. When multiplier of 18 is applied, as per the law laid down in Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 , then total pecuniary compensation come out to Rs. 4,53,600/- (four lakhs fifty three thousand six hundred rupees). Over and above which, claimants are entitled to a sum of Rs. 30,000/- (thirty thousand rupees) under the head of nonpecuniary compensation, taking total compensation to Rs. 4,83,600/- (four lakhs eighty three thousand six hundred rupees) against a sum of Rs. 2,38,500/- (two lakhs thirty eight thousand five hundred rupees) awarded by learned tribunal. Therefore, there will be an addition of Rs. 2,45,100/- (two lakhs forty five thousand one hundred rupees), which was also carry interest @ 6% from the date of filing of the claim petition.

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In above terms, appeal is disposed off.

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Order Date :- 17.2.2021/Vikram/-

Prakash and Others v. Bijenderpal and Others

Case brief

What is this about?

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Prakash and Others v. Bijenderpal and Others

Case brief

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