Partly allowed

Fateh Mohammad @ Chhanga v. Pawan Kumar Rana and 3 Others

Allahabad HC22 Sept 2022FAFO/25/2021

Case brief

AI extract

What is this about?

In an appeal against an Motor Accident Claims Tribunal award, the court enhanced future prospect compensation to 25% and increased special diet and pain and suffering damages from Rs. 10,000 to Rs. 60,000, partially allowing the appeal.

What did the court decide?

Compensation enhanced to 25% future prospect; special diet and pain and suffering increased to Rs. 60,000; award carries 6% simple interest.

Fateh Mohammad @ Chhanga Vs Pawan Kumar Rana and 3 Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 25 of 2021

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Appellant :- Fateh Mohammad @ Chhanga Respondent :- Pawan Kumar Rana And 3 Others Counsel for Appellant :- A.T. Pandey Counsel for Respondent :- Ajay Singh

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the parties.

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Being dissatisfied with the quantum of compensation awarded by the Tribunal, appellant has preferred the present appeal for enhancement of compensation.

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The only contention advanced by learned counsel for the appellant is that though, it is a case of injury, but the Tribunal ought to have awarded 25% towards future prospect considering the age of deceased in view of judgment of Apex Court in the case of Pappu Deo Yadav Vs. Naresh Yadav, AIR (2020) SC 4424. It is further contended that the Tribunal has awarded a very meagre amount of Rs.10,000/- towards special diet and pain and suffering whereas, claimant/appellant is entitled to at least Rs.60,000/- towards the aforesaid head . Accordingly, it is contended that the compensation awarded by the Tribunal is inadequate and same is liable to be enhanced by this Court.

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Per contra, learned counsel for the respondents has contended that in the instant case, the Tribunal has awarded just and fair compensation considering the nature of injuries suffered by the claimant/appellant and in such view of the fact, the award dated 04.02.2020 does not require enhancement.

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I have considered the rival submissions of the parties and perused the record.

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The Apex Court in the case of Pappu Deo Yadav (supra) has held that in the case of injury, claimant is entitled to future prospect. Accordingly, this Court considering the age of claimant, awards 25% towards future prospect to the claimant/appellant. This Court also find substance in the submission of learned counsel for the claimant/appellant that a meager amount of Rs. 10,000/- has been awarded by the Tribunal towards special diet and pain and suffering, therefore considering the nature of injuries suffered by the claimant/appellant, the non-pecuniary damages awarded by the

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Tribunal is enhanced from Rs.10,000/- to Rs.60,000/-.

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Thus, in view of the above, the appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. The enhance amount of award shall carry 6% simple interest from the date of institution of the claim petition till the date of payment of award. There shall be no order as to costs.

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Order Date :- 22.9.2022 Vibha Singh

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Digitally signed by VIBHA SINGH Date: 2022.10.20 16:49:01 IST Reason: Location: High Court of Judicature at Allahabad

Fateh Mohammad @ Chhanga v. Pawan Kumar Rana and 3 Others

Case brief

What is this about?

What did the court decide?

Fateh Mohammad @ Chhanga v. Pawan Kumar Rana and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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