Allowed

Smt. Kela Devi and Others v. Smt. Beena Malik and Others

Allahabad HC8 Apr 2022FAFO/4455/2012

Case brief

AI extract

What is this about?

The High Court, in a first appeal from an order of the Motor Accident Claims Tribunal, enhanced the compensation awarded for death in a motor accident. The court reassessed the quantum by adjusting the multiplier and deduction for personal expenses and awarding future prospects and non-pecuniary damages.

What did the court decide?

Compensation enhanced from Rs.2,01,500/- to Rs.3,37,300/-; Respondent directed to pay enhancement of Rs.1,35,800/- with 6% interest within two months.

Smt. Kela Devi and Others Vs Smt. Beena Malik and… — Motor Accident Claims | Allahabad HC (2022)

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Court No. - 7

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Case :- FIRST APPEAL FROM ORDER No. - 4455 of 2012 Appellant :- Smt. Kela Devi And Others Respondent :- Smt. Beena Malik And Others Counsel for Appellant :- Anwar Hussain,Arvind Kumar Tiwari Counsel for Respondent :- Rahul Sahai

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Arvind Kumar Tiwari, learned counsel for appellants, Sri Rahul Sahai, learned counsel for respondent no.2/Future General Insurance Company Limited and perused the record. No one is present on behalf of respondent nos.1 and 3.

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The present first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 4.09.2012 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.12, Aligarh in M.A.C.P. No.688 of 2010 (Smt. Kela Devi and others Vs. Smt. Beena Malik and others), by which the claim petition filed by claimants-appellants was partly allowed and the compensation of Rs.2,01,500/- along with 6% interest has been awarded to the claimants-appellants on account of death of Ram Prasad aged about 58 years.

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It is submitted by learned counsel for claimants-appellants that Claims Tribunal had erred in deducting 1/3 towards personal expenses whereas there are five dependents on the income of the deceased and as such the deduction would be 1/4 and appropriate multiplier is 9 in place of 8 in view of law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma Vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 .

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It is further submitted that Claims Tribunal had not awarded any amount towards future prospects and only Rs.9,500/- has been awarded for non-pecuniary damages whereas the claimants are entitled for 10% future prospects and Rs.70,000/- for non-pecuniary damages in view of law laid down by Hon'ble Apex Court in the case

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of National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(4) T.A.C. 673 .

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Learned counsel appearing for respondent no.2 Insurance Company has submitted that compensation awarded by Claims Tribunal is just and proper and no ground for enhancement is made out but he has not disputed the aforesaid legal position as argued by learned counsel for appellants.

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Considering the rival submissions of learned counsel for the parties, the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :-

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Monthly Income : = Rs.3,000/-

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Annual Income : = Rs.3,000/- x 12 = Rs.36,000/-

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Future prospects : (10%) = Rs.3,600/-

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Total annual income : = Rs.36,000/- + Rs.3,600/- = Rs.39,600/-

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Deduction towards personal expenses (1/4) : = Rs.39,600/- - Rs.9,900 = Rs. 29,700/-

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Multiplier applicable (9) : = Rs. 29,700/- x 9 = Rs. 2,67,300/-

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

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Total : Rs. 2,67,300/- + Rs. 70,000/- = Rs. 3,37,300/-

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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.2,01,500/- to Rs.3,37,300/-. The Future General Insurance Company Limited/respondent no.2 is directed to pay enhanced amount of Rs.1,35,800/- along with interest at the rate of 6% from the date of filing claim petition to the claimants/appellants, within two months from today.

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No order as to costs.

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Order Date :- 8.4.2022 Kpy

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Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.04.11 18:12:09 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Kela Devi and Others v. Smt. Beena Malik and Others

Case brief

What is this about?

What did the court decide?

Smt. Kela Devi and Others v. Smt. Beena Malik and Others

Case brief

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What did the court decide?

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