Allowed

Samrendra Pal Singh and 2 Others v. Mohd. Shahid and 2 Others

Allahabad HC5 Feb 2021FAFO/95/2021

Case brief

AI extract

What is this about?

First appeal filed against Motor Accident Claims Tribunal Award dated 19.03.2020 in M.A.C.P. No. 1210 of 2019, challenging income computation and future prospects percentage. Court allowed enhancement in compensation to Rs. 60,31,480 with 7% interest.

What did the court decide?

Pecuniary compensation enhanced to Rs. 60,31,480 carrying interest at 7% from date of filing claim petition.

Samrendra Pal Singh and 2 Others Vs Mohd. Shahid and… — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 95 of 2021

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Appellant :- Samrendra Pal Singh And 2 Others Respondent :- Mohd. Shahid And 2 Others Counsel for Appellant :- A.T. Pandey Counsel for Respondent :- Arun Prakash

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Hon'ble Vivek Agarwal,J.

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Heard Sri A.T. Pandey, learned counsel for appellants and Sri Arun Prakash, learned counsel for respondent-insurance company.

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This appeal has been filed by the claimants aggrieved of the award dated 19.03.2020 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Aligarh in M.A.C.P. No. 1210 of 2019, on two grounds namely, tribunal has wrongly computed income at Rs. 41,000/- (forty one thousand rupees) per month in place of Rs. 41,425/- (forty one thousand four hundred twenty five rupees) per month, after deduction of 10% Income Tax. Similarly, it is submitted that future prospects has been awarded @ 25%, whereas it should have been computed @ 30%, inasmuch as deceased was in a permanent salaried job.

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Sri Arun Prakash, does not dispute this proposition, which is duly supported by the judgment of the Supreme Court.

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Taking income to be Rs. 41,425/- (forty one thousand four hundred twenty five rupees) per month or Rs. 4,97,100/- (four lakhs ninety seven thousand one hundred rupees) per annum, 1/3rd is to be deducted towards living expenses of the deceased, therefore, annual dependency will come out to Rs. 3,31,400/(three lakhs thirty one thousand four hundred rupees). Over and above which, 30% is to be added towards future prospects, taking total annual dependency to Rs. 4,30,820/- (four lakhs thirty thousand eight hundred twenty rupees). Admittedly, age of the deceased was between 41 and 45 years, therefore, multiplier of 14 will be applicable, taking pecuniary compensation to Rs. 60,31,480/- (sixty lakhs thirty one thousand four hundred eighty rupees) in place of Rs. 57,40,000/- (fifty seven lakhs forty thousand rupees) awarded by learned claims tribunal. Therefore, there will be an enhancement to the tune of Rs. 2,91,480/- (two lakhs ninety one thousand four hundred eighty rupees), over and above, amount awarded by learned claims tribunal shall also carry interest @ 7% from the date of filing of the claim petition. Other terms and

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conditions of the award shall remain intact.

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In above terms, appeal is disposed off.

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Order Date :- 5.2.2021

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Vikram/-

Samrendra Pal Singh and 2 Others v. Mohd. Shahid and 2 Others

Case brief

What is this about?

What did the court decide?

Samrendra Pal Singh and 2 Others v. Mohd. Shahid and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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