Allowed

Smt. Radha Devi and 3 Others v. National Insurance Co. Ltd. and Anr.

Allahabad HC10 Feb 2021FAFO/2923/2014

Case brief

AI extract

What is this about?

This appeal set aside the INA/Tribunal award granting Rs 4,69,000 compensation and directed the respondent insurer to pay Rs. 7,14,486 as total compensation including future prospects, non-pecuniary loss, and interest arising from an incorrect computation of wages and loss of earnings of the deceased.

What did the court decide?

Instanter increased the lump sum compensation to Rs. 7,14,486, to be paid by the respondent insurer.

Smt. Radha Devi and 3 Others Vs National Insurance… — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 2923 of 2014

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Appellant :- Smt. Radha Devi And 3 Others Respondent :- National Insurance Co. Ltd. And Anr. Counsel for Appellant :- Ram Singh Counsel for Respondent :- Rajeev Ojha,Smt. Archana Singh

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Hon'ble Vivek Agarwal,J.

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Heard Sri Ram Singh, learned counsel for appellants and Ms. Manjima Singh, learned counsel for respondent-insurance company.

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This appeal has been filed by the claimants being aggrieved of award dated 15.05.2014 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 7, Aligarh in MACP No. 458 of 2012, on the ground that accident took place on 10.05.2012, when minimum wages were to the tune of Rs. 4,527/- (four thousand five hundred twenty seven rupees) per month for even an unskilled labourer, but tribunal computed income at Rs. 3,000/- (three thousand rupees) per month. It is submitted that multiplier of 17 has been applied which will be 18 under the facts and circumstances of the case. Besides this, meager amount has been awarded under the head of nonpecuniary compensation, which will be Rs. 30,000/- (thirty thousand rupees) under the facts and circumstances of the case.

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Ms. Manjima Singh submits that future prospect has been wrongly computed @ 50%, whereas it will be @ 40%.

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After hearing learned counsel for the parties and going through the record, it is evident that minimum wages notified under the Minimum Wages Act, 1948 for the State of Uttar Pradesh were to the tune of Rs. 4,527/- (four thousand five hundred twenty seven rupees) per month even for an unskilled labourer. Deceased was admittedly a 'bachelor', therefore, 50% deduction is to be made towards living expenses of the deceased. When after making deduction, 40% is added towards future prospects, then monthly dependency will come out to Rs. 3,168.90/- (three thousand one hundred sixty eight rupees and ninety paise) or Rs. 38,027/- (thirty eight thousand twenty seven rupees) per annum. Multiplier of 18 will be applicable, taking into consideration the age of the deceased to be 21 years, taking total pecuniary compensation to Rs. 6,84,486/- (six lakhs eighty four thousand four hundred eighty six rupees). Over and above which, claimants are entitled to a sum of Rs. 30,000/(thirty thousand rupees) under the head of non-pecuniary

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compensation, taking total compensation to Rs. 7,14,486/(seven lakhs fourteen thousand four hundred eighty six rupees) against a sum of Rs. 4,69,000/- (four lakhs sixty nine thousand rupees) awarded by learned tribunal. Therefore, there will be an addition of Rs. 2,45,486/- (two lakhs forty five thousand four hundred eighty six rupees) which shall also earn interest @ 7% 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 :- 10.2.2021 Vikram/-

Smt. Radha Devi and 3 Others v. National Insurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Radha Devi and 3 Others v. National Insurance Co. Ltd. and Anr.

Case brief

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What the court decided

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