Appellants, parents of a deceased minor, filed an appeal against the compensation awarded by the Motor Accident Claims Tribunal, seeking enhancement of the amount based on the latest Supreme Court guidelines.
Enhanced compensation of Rs. 5,00,000 awarded, payable within two months with seven percent interest.
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Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 84 of 2018
Appellant :- Rakesh Kumar And Another Respondent :- The New India Assurance Co. Ltd. And 2 Others Counsel for Appellant :- Deepali Srivastava Sinha,Amit Kumar Sinha
Counsel for Respondent :- Rakesh Bahadur,Sujeet Kumar Singh
Hon'ble Ajay Bhanot,J.
Heard Shri Amit Kumar Sinha, learned counsel for the appellants and Shri Rakesh Bahadur, learned counsel for the respondent-insurance company.
The appeal arises out of a judgment rendered by the Motor Accident Claims Tribunal/A.D.J.-V, Allahabad in M.A.C.P. No.119 of 2014 (Rakesh Kumar and another v. Ram Niranjan Mishra and others) partly allowing the claim of the claimants. This appeal has been filed by the claimants/appellants for enhancement of the amount awarded by the Tribunal in the impugned judgment.
The undisputed facts of the case are that the deceasedSandeep was 13 years of age on the date of accident and was a school going child. The claimants/appellants are parents of the deceased minor child. The deceased died of injuries sustained in a motor vehicle accident which occurred on 20.01.2014. The compensation to which the claimants/appellants are entitled is liable to be calculated in the light of the judgment rendered by the Supreme Court in (Special Leave Petition (Civil) No. 5345 of 2019) Meena Devi Vs Nunu Chand Mahto @ Nemchand Mahto and others reported at MANU/SC/1320/2022.
The compensation to which the claimants/appellants are
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entitled consistent with the Meena Devi (supra) is tabulated hereunder:
i. Date of accident - 20.01.2014
ii. Name of deceased - Sandeep
iii. Age of the deceased - 13 years
iv. Occupation of the deceased - Student
v. Income of the deceased - 5000/-
vi. Name, age and relationship of claimants with the deceased:
| Sr. No. |
Name | Age | Relation |
|---|---|---|---|
| 1. | Rakesh Kumar | 43 | Father |
| 2. | Smt. Sunita Devi | 41 | Mother |
vii. Computation of Compensation
| Sr. No. |
Heads | Amount (in Rupees) |
|---|---|---|
| 1. | Annual income | 30,000/- |
| 2. | Multiplier | 15 |
| 3. | Annual loss of dependancy | 15 x 30,000 |
| =4,50,000 | ||
| 4. | Conventional heads | 50,000/- |
| 5. | Total compensation | 5,00,000/- |
| 6. | Interest | 7% |
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In the wake of preceding discussion this Court finds that the total compensation to which the appellants/claimants are entitled is Rs. 5,00,000/-. The amount shall be paid by the respondent insurance company within a period of two months. The enhanced amount shall carry interest of 7% per annum from the date of claim till the actual realization is made.
The instant appeal is allowed.
Order Date :- 6.12.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.12.12 14:19:19 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the claim for enhancement of compensation in a motor accident death claim should be allowed.
Colour shows how this judgement treated each authority
Meena Devi Vs Nunu Chand MahtoApplied¶9
Special Leave Petition (Civil) No. 5345 of 2019 Meena Devi Vs Nunu Chand Mahto @ Nemchand Mahto and others
Rakesh Kumar
Smt. Sunita Devi
The New India Assurance Co. Ltd.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
