Partly allowed

Sarla @ Rani and Another v. Sahiram Yadav and 2 Others

Allahabad HC3 Feb 2021FAFO/353/2020

Case brief

AI extract

What is this about?

Challenging a compensation award of Rs. 2,18,750 for the death of a five-year-old child in a motor accident. Relying on the Supreme Court ruling in Rajendra Singh vs. National Insurance Co. Ltd., this court held the award inadequate and enhanced it to Rs. 2,95,000 with interest at 7% per annum from the filing date. The appeal was disposed of accordingly.

What did the court decide?

Compensation enhanced to Rs. 2,95,000 with interest at 7% from the date of filing of the claim petition till actual payment.

Sarla @ Rani and Another Vs Sahiram Yadav and 2 Others — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 353 of 2020

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Appellant :- Sarla @ Rani And Another Respondent :- Sahiram Yadav And 2 Others Counsel for Appellant :- Rajendra Prasad Counsel for Respondent :- Krishna Shanker Chaudhary,Rakesh Kumar Upadhyay,Vipul Kumar

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Hon'ble Vivek Agarwal,J.

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Heard learned counsel for the parties.

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This appeal has been filed by the claimant being aggrieved of the award dated 12.09.2019 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Jhansi passed in M.A.C.P. No. 188 of 2017.

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It is submitted that claimants lost their five year old child in the accident which had taken place on 13.03.2017. It is further submitted that tribunal has awarded a meager sum of Rs.2,18,750/-, which needs to be suitably enhanced.

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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 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

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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 :- 3.2.2021 Ravi/-

Sarla @ Rani and Another v. Sahiram Yadav and 2 Others

Case brief

What is this about?

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Sarla @ Rani and Another v. Sahiram Yadav and 2 Others

Case brief

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What did the court decide?

What the court decided

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