Partly allowed

Veeresh Kumar and Another v. U.P. State Road Transport Corporation and Another

Allahabad HC23 Sept 2022FAFO/174/2020

Case brief

AI extract

What is this about?

The High Court allowed an appeal challenging a Motor Accident Claims Tribunal award of Rs. 1,70,000/- for the death of a 12-year-old child. Relying on a Supreme Court precedent for similar cases involving minors, the Court enhanced the compensation to Rs. 4,70,000/- and directed the insurance company to pay it with interest.

What did the court decide?

The compensation award enhanced from Rs. 1,70,000/- to Rs. 4,70,000/- with 6% interest; payment directed within three months.

Veeresh Kumar and Another Vs U.P. State Road… — Motor Accident Claims | Allahabad HC (2022)

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 174 of 2020

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Appellant :- Veeresh Kumar And Another Respondent :- U.P. State Road Transport Corporation And Another Counsel for Appellant :- Ram Singh,Amit Kumar Singh Counsel for Respondent :- Sunil Kumar Misra

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the appellants and learned counsel for the respondents.

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The present appeal has been filed against the award dated 16.10.2019 passed by MACT/ Additional District Judge, Aligarh in MAC No.50 of 2017 for enhancement of the award.

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In the instant case, the claimants claimed for enhancement of award for the death of a child Abhishek Kumar aged about 12 years.

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The tribunal has awarded Rs.1,70,000/- lump sum alongwith 7% interest.

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Challenging the aforesaid award, learned counsel for the appellants has contended that in the case of Kurvan Ansari alias Kurvan Ali and another Vs. Shaym Kishore Murmu and another (2022) 1 SCC 317 , the Apex Court in case of a minor child has awarded compensation of Rs.4,70,000/-. Accordingly, it is submitted that as the controversy in hand is squarely covered by the judgement of the Apex Court in Kurvan Ansari alias Kurvan Ali (supra) , therefore, the same amount of compensation shall be awarded to the claimantappellants.

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Per contra, learned counsel for the respondent has contended that the deceased was only twelve years of age and, therefore, no loss of income was suffered by the claimant-appellants and the tribunal has rightly awarded Rs.1,70,000/- lump sum as compensation to the claimant-appellants.

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The Apex Court in the case of Kurvan Ansari alias Kurvan Ali (supra) has awarded in view of a minor Rs.4,70,000/- as compensation and considering the fact that the controversy in hand is squarely covered by the judgement of the Apex Court in the case of Kurvan Ansari alias Kurvan Ali (supra) , this Court also enhances the compensation from Rs.1,70,000/- to Rs.4,70,000/-.

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The enhanced amount shall carry 6% interest from the date of

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institution of claim petition till the amount is paid. The insurance company is directed to pay the enhanced amount of compensation to the claimant-appellants within a period of three months from the date of production of certified copy of this order.

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For the reasons given above, the appeal is partly allowed and the award is modified to the extent indicated above.

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Order Date :- 23.9.2022 SS

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Digitally signed by SUNIL KUMAR SHARMA Date: 2022.09.24 16:53:54 IST Reason: Location: High Court of Judicature at Allahabad

Veeresh Kumar and Another v. U.P. State Road Transport Corporation and Another

Case brief

What is this about?

What did the court decide?

Veeresh Kumar and Another v. U.P. State Road Transport Corporation and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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