Allowed

Sri Suresh Chandra and Another v. Sunindra Singh and 2 Others

Allahabad HC10 Feb 2021FAFO/52/2021

Case brief

AI extract

What is this about?

An appeal against the amount awarded by the Motor Accident Claims Tribunal in a claim petition. The High Court enhanced the pecuniary compensation to Rs. 11,18,880 based on minimum wages and dependency calculations, adding Rs. 5,82,880 to the awarded sum.

What did the court decide?

Compensation enhanced to a total of Rs. 11,48,880 covering thirteen years and eight months of lost earnings, plus interest at 7% from the date of framing of issues.

Sri Suresh Chandra and Another Vs Sunindra Singh… — Execution and Attachment | Allahabad HC (2021)

¶1

Court No. - 1

¶2

Case :- FIRST APPEAL FROM ORDER No. - 52 of 2021

¶3

Appellant :- Sri Suresh Chandra And Another Respondent :- Sunindra Singh And 2 Others Counsel for Appellant :- Krishna Mohan Rai Counsel for Respondent :- Pawan Kumar Singh

¶4

Hon'ble Vivek Agarwal,J.

¶5

Heard Sri Krishna Mohan Rai, learned counsel for appellants and Sri Pawan Kumar Singh, learned counsel for respondents.

¶6

Sri Pawan Kumar Singh submits that he has filed his vakalatnama yesterday only.

¶7

Sri Krishna Mohan Rai submits that claimants are aggrieved of the award dated 29.02.2020 passed by learned Motor Accident Claims Tribunal/District Judge, Firozabad in MACP No. 0000304 of 2017, on the ground that for an accident, which took place on 25.09.2017, learned tribunal has construed income of the deceased at Rs. 4,500/- (four thousand five hundred rupees) per month, whereas even as per the minimum wages, on the date of the accident, were to the tune of Rs. 7,400/- (seven thousand four hundred rupees) per month.

¶8

Sri Pawan Kumar Singh opposes such contention of learned counsel for the appellants.

¶9

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. 7,400/- (seven thousand four hundred rupees) per month. Admittedly, deceased was a 'bachelor' aged about 21 years, therefore, 50% is to be deducted towards living expenses of the deceased. When after deduction, 40% is added towards future prospects, then monthly dependency will come out to Rs. 5,180/- (five thousand one hundred eighty rupees) or Rs. 62,160/- (sixty two thousand one hundred sixty rupees) per annum. When multiplier of 18 is applied, then total pecuniary compensation will come out to Rs. 11,18,880/- (eleven lakhs eighteen thousand eight hundred eighty rupees). Over and above which, claimants are entitled to a sum of Rs. 30,000/- (thirty thousand rupees) under the head of non-pecuniary compensation, taking total compensation to Rs. 11,48,880/- (eleven lakhs forty eight thousand eight hundred eighty rupees) against a sum of Rs. 5,66,000/- (five lakhs sixty six thousand rupees) awarded by learned tribunal. Therefore,

¶10

there will be an addition to the tune of Rs. 5,82,880/- (five lakhs eighty two thousand eight hundred eighty rupees) to which claimants will be entitled.

¶11

However, looking to the fact that there is delay in decision of the claim petition on account of the acts attributable to the claimants, this additional amount will also carry interest @ 7% from the date of framing of the issues, as has been awarded by the claims tribunal.

¶12

In above terms, appeal is allowed and is disposed off.

¶13

Order Date :- 10.2.2021 Vikram/-

Sri Suresh Chandra and Another v. Sunindra Singh and 2 Others

Case brief

What is this about?

What did the court decide?

Sri Suresh Chandra and Another v. Sunindra Singh and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

National Insurance Co. Ltd. Vs Snehlata and 4 Others

Oriental Insurance Co. Ltd. Vs Smt. Baby Devi and Others

Sanjay Kumar Yadav Vs Lalji Maurya and 2 Others

Smt. Maiki Devi and Others Vs Amar Bahadur Singh and Another

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

Mohd. Umar and Another Vs T.S. Roadways Pvt. Lyd. and 2 Ors.