Disposed

Smt.Poonam v. Amit Kumar and Another

Allahabad HC21 Jan 2021FAFO/3061/2007

Case brief

AI extract

What is this about?

This judgment allowed an appeal by enhancing compensation for the death of a minor child. The court relied on Supreme Court precedents involving school-going children, holding that compensability extends to future life prospects and rejecting contributory negligence. The awarded sum was raised to Rs. 2,95,000 with interest.

What did the court decide?

Compensation enhanced to Rs. 2,95,000/- with interest @ 7% from date of filing till payment.

Smt.Poonam Vs Amit Kumar and Another — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 3061 of 2007

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Appellant :- Smt.Poonam Respondent :- Amit Kumar And Another Counsel for Appellant :- Ram Singh Counsel for Respondent :- Saurabh Srivastava,Saurabh Srivastava

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Hon'ble Vivek Agarwal,J.

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Heard Sri Ram Singh, learned counsel for the appellant and Sri Saurabh Srivastava, learned counsel for the respondents.

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This appeal has been filed by the appellant being aggrieved of the award dated 20.07.2007 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Fatehpur in M.A.C.P. No. 183 of 2004, on the ground that learned tribunal has awarded a meager sum of Rs. 39,500/(thirty nine thousand five hundred rupees), on account of death of minor son of the appellant namely, Manish who was about 10 years old on the date of the accident i.e. 06.06.2003 and was a student of Vth class.

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It is submitted that learned claims tribunal has wrongly applied principle of contributory negligence, which will not be applicable in relation to a third party claim, inasmuch as admittedly deceased Manish was not driving either of the vehicles, which were part of the accident, therefore, the compensation awarded by the tribunal be enhanced suitably.

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Learned counsel for the insurance company opposes and submits that there is no error in the award and it be maintained as it is.

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Hon'ble Supreme Court of India in Civil Appeal No. 2624 of 2020 arising out of S.L.P. (Civil) No(s). 13964 of 2018, Rajendra Singh and Others vs. National Insurance Co. Ltd. decided along with Civil Appeal No(s). 2625 of 2020 arising out of S.L.P. (Civil) No(s). 1626 of 2018 has considered the case of a minor and has dealt with this aspect and in a case of school going child, aged about 12 years held that she had a whole future to look forward in life with all normal human aspirations. She had died prematurely due to the accident at a very tender age for no fault of hers even before she could start to understand the beauty and joys of life with all its ups and downs and had awarded a compensation of Rs. 2,95,000/- (two lakhs ninety five thousand rupees) for an accident which took

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place on 25.12.2012.

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Finding of contributory negligence is not sustainable in the light of the fact that qua the claimant its a case of composite negligence, as has been held by the Supreme Court in case of Rajendra Singh and Others vs. National Insurance Co. Ltd. Under the facts and circumstances of the case and applying the ratio of this judgment, I am of the opinion that ends of justice will meet if a sum of Rs. 2,95,000/- (two lakhs ninety five thousand rupees) is awarded in favour of the appellant which shall carry interest @ 7% from the date of filing of the claim petition till the date of actual payment.

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Accordingly, appeal is disposed off.

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Order Date :- 21.1.2021 Vikram/-

Smt.Poonam v. Amit Kumar and Another

Case brief

What is this about?

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Smt.Poonam v. Amit Kumar and Another

Case brief

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