Partly allowed

Smt. Bhagwan Devi and Others v. Shri Shailendra Jain and Another

Allahabad HC4 Jan 2022FAFO/524/1998

Case brief

AI extract

What is this about?

This first appeal modified a Motor Accident Claims Tribunal award. The High Court computed enhanced future loss of income under Narayana Sethi, granting Rs. 6,74,800 total compensation instead of Rs. 1,32,000, and directed the insurer to deposit the balance with interest.

What did the court decide?

Judgment and decree of the Tribunal modified to award total compensation of Rs. 6,74,800; respondent-Insurance Company to deposit balance within 12 weeks with 6% interest.

Smt. Bhagwan Devi and Others Vs Shri Shailendra Jain… — Motor Accident Claims | Allahabad HC (2022)

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Court No. - 2

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Case :- FIRST APPEAL FROM ORDER No. - 524 of 1998

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Appellant :- Smt. Bhagwan Devi And Others Respondent :- Shri Shailendra Jain And Another Counsel for Appellant :- Madhav Jain Counsel for Respondent :- Bhartendu Pathak

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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1. Heard Shri Madhav Jain, learned counsel for the appellants; Shri Bhartendu Pathak, learned counsel for the respondents; and perused the record.

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2. This appeal, at the behest of the claimants, challenges the judgment and award dated 22.1.1998 passed by Motor Accident Claims Tribunal/IIIrd Additional District Judge, Agra (hereinafter referred to as 'Tribunal') in Motor Accident Claim Case No.424 of 1996 awarding a sum of Rs.1,32,000/- with interest at the rate of 12% as compensation.

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3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The fact that the tribunal did not grant any amount under the head of future loss of income is not in dispute. The tribunal in the year of accident held that the notional income could be Rs.1500/- per month. The respondent concerned has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded.

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4. The insurance company has instructed the counsel for the insurance company that the matter be settled as even according to the judgment of the Apex Court as issue of grant of was no longer res integra as future prospects should have been granted as per the judgment of Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121.

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5. Learned counsel for the appellant has requested that the

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Court may look into the matter from the angle of the seven minor children who have lost father at a young age. It is submitted that the Tribunal has not granted amount towards future loss of income of the deceased which is required to be granted in view of the decision in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 and The Uttar Pradedsh Motor Vehicles Rules, 1998 . It is further submitted that amount under nonpecuniary heads granted and the interest awarded by the Tribunal are on the lower side and requires enhancement. It is submitted that as the deceased was survived by 4 adults and 7 minors children and hence the deduction towards personal expenses of the deceased should be 1/4. The multiplier has to be as per the age of deceased.

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6. Learned counsel for the respondents, has vehemently objected the contentions raised by the learned counsel for the appellants and has submitted that the compensation awarded by the Tribunal is just and proper and does not call for any enhancement.

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7. Having heard the learned counsel for the parties and considered the factual data, this Court found that the accident occurred on 29.4.1996 causing death of Anil Kumar who was 34 years of age and left behind him, 4 adults and 7 minors children. We are considering to be Rs.3,000/- per month which we feel is just and proper as deceased who was maintaining 10 people. To which as the deceased was age bracket of 31-35 years, 40% of the income will have to be added as future prospects in view of the decision of the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050 . As far as deduction towards personal expenses of the deceased is concerned, it should be 1/4.

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8. Hence, the total compensation payable to the legal heirs of the deceased in view of the decision of the Apex Court in Pranay Sethi (Supra) is computed herein below:

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i. Income Rs.3,000/- p.m.

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ii. Percentage towards future prospects : 40% namely Rs.1200/-

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iii. Total income : Rs. 3000 + 1200 = Rs.4200/-

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iv. Income after deduction of 1/4 : Rs.3150/-

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v. Annual income : Rs.3,150 x 12 = Rs.37,800/-

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vi. Multiplier applicable : 16 (as the deceased was in the age bracket of 31-35 years)

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vii. Loss of dependency: Rs.37,800 x 16 = Rs.6,04,800/-

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viii. Amount under non pecuniary heads : Rs.70,000/-

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ix. Total compensation : Rs.6,74,800/- .

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9. In view of the above, the appeal is partly allowed . Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The respondent-Insurance Company shall deposit the amount along with additional amount within a period of 12 weeks from today with interest at the rate of 6% from the date of filing of the claim petition till the decision in the claim petition from the period when the matter remained pending, there shall be no interest. 6% from the date of the condonation of delay till the amount is deposited, as the insurance company has decided the settle the dispute interest at rate of 6% is granted. The amount already deposited be deducted from the amount to be deposited.

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Record and proceedings be sent back to the Tribunal after two weeks.

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Order Date :- 4.1.2022 A.N. Mishra

Smt. Bhagwan Devi and Others v. Shri Shailendra Jain and Another

Case brief

What is this about?

What did the court decide?

Smt. Bhagwan Devi and Others v. Shri Shailendra Jain and Another

Case brief

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What did the court decide?

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