Partly allowed

Smt. Mamta Chauhan and 3 Others v. the New India Assurance Co. Ltd. and 2 Others

Allahabad HC11 Aug 2022FAFO/1426/2018

Case brief

AI extract

What is this about?

First appeal filed by claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal for the death of their major dependent. The High Court set aside the lower award and enhanced the compensation to Rs.16,33,152/-.

What did the court decide?

Enhanced compensation from Rs.15,00,402/- to Rs.16,33,152/- to be paid by respondent with 6% interest within two months.

Smt. Mamta Chauhan and 3 Others Vs the New India… — Motor Accident Claims | Allahabad HC (2022)

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Court No. - 9

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Case :- FIRST APPEAL FROM ORDER No. - 1426 of 2018

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Appellant :- Smt. Mamta Chauhan And 3 Others Respondent :- The New India Assurance Co. Ltd. And 2 Others Counsel for Appellant :- Shreesh Srivastava Counsel for Respondent :- ,Aditya Singh Parihar

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Shreesh Srivastava, learned counsel for the appellants and Sri Aditya Singh Parihar, learned counsel for respondent No. 1 and perused the record. No one is present for respondent nos. 2 and 3.

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This first appeal from order has been filed by the claimantsappellants for enhancement of compensation against the judgment and award dated 22.12.2017 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.15, Ghaziabad in M.A.C.P. No.397 of 2010 (Smt. Mamta Chauhan and others vs. The New India Assurance Company Limited and others) by which claim petition filed by claimants was partly allowed and compensation of Rs.15,00,402/alongwith 7% interest was awarded on account of death of Saroj Singh Chauhan, aged about 48 years.

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It is submitted by learned counsel for the appellants that nothing has been awarded towards future prospects and only Rs. 5000/towards funeral expenses and Rs.20,000/- towards pain and sufferings as well as for loss of consortium have been awarded to the claimants whereas claimants are entitled for 25% future prospects and Rs.70,000/- for non-pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(4) T.A.C. 673.

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On the other hand, learned counsel for the Insurance Company submitted that the compensation awarded by the Claims Tribunal is just and proper and no good ground for enhancement is made out but has not disputed the aforesaid legal position.

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Considering the rival submissions of learned counsels for the parties, the compensation awarded by Claim Tribunal is reassessed as below:-

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1. Monthly income = Rs.3,000/-

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1. Annual income = Rs. 3,000/- X 12 + Rs.36,000/-

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Future prospects (25%) = Rs.9,000/-

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Total annual income = Rs.36,000/- + Rs.9,000/- =Rs.45,000/-

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Deduction towards

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personal expenses(1/4th) = Rs.45,000/- - Rs.11,250/- =Rs.33,750/-

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Multiplier applicable (13) =Rs.33,750/- x 13= Rs.4,38,750/-

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Non-pecuniary damages =Rs.70,000/-

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Medical expenses=11,24,402/-

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Total = Rs.4,38,750/- + Rs.70,000/-+ Rs.11,24,402/- = Rs.16,33,152/-

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In view of aforesaid discussion, the appeal filed by claimants is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs.15,00,402/- to Rs.16,33,152/-. The New India Assurance Company Limited/respondent no.1 is directed to pay enhanced amount of Rs.1,32,750/- along with interest at the rate of 6% from the date of filing claim petition, within two months from today to the claimants.

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Order Date :- 11.8.2022 P.P.

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Digitally signed by POONAM PATEL Date: 2022.08.17 14:47:52 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Mamta Chauhan and 3 Others v. the New India Assurance Co. Ltd. and 2 Others

Case brief

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Smt. Mamta Chauhan and 3 Others v. the New India Assurance Co. Ltd. and 2 Others

Case brief

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