Partly allowed

Smt Neelam Parasher and 3 Others v. United India Insurance Company Limited and 5 Others

Allahabad HC13 Sept 2022FAFO/990/2021

Case brief

AI extract

What is this about?

In this appeal concerning death compensation under an accident, the High Court held the tribunal erred in assessing the deceased's income at Rs. 3,000 per month, as Rs. 150 per day was the prevailing daily wage. The Court enhanced the income computation to Rs. 4,500 per month, awarded 6% interest on the enhanced amount, and partly allowed the appeal.

What did the court decide?

Compensation computed based on deceased's income of Rs. 4,500 per month; 6% interest awarded on enhanced amount from date of claim petition.

Smt Neelam Parasher and 3 Others Vs… — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 990 of 2021

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Appellant :- Smt Neelam Parasher And 3 Others Respondent :- United India Insurance Company Limited And 5 Others

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Counsel for Appellant :- Krishna Mohan Rai Counsel for Respondent :- Sajiya Parveen,Kumar Anish,Sushil Kumar Mehrotra

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the appellant and learned counsel for the respondent.

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The present appeal has been preferred by the claimant for enhancement of award of compensation for the death of deceased in accident which has taken place on 21.08.2015, wherein the tribunal has erred in holding the income of the deceased Rs. 3,000/- per month.

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It is submitted that in the year 2015, it is common knowledge that a daily wager's income was not less than Rs. 150/- per day and therefore, considering the said fact, the tribunal should have taken the income to be Rs. 150/- i.e. Rs. 4500/- per month. It is submitted that, the finding of the Tribunal holding the income of the deceased to be Rs.3,000/- is illegal and based on no evidence on record.

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Learned counsel for the respondents contended that the compensation award is just and proper and does not warrant any interference by this Court inasmuch as in the absence of any proof of income of the deceased, therefore, the tribunal has rightly held the income of deceased Rs. 3,000/- per month.

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I have heard learned counsel for the appellant and respondent and perused the record.

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The accident took place on 21.08.2015 and in the year 2015, the income of a daily wage was not less than Rs. 150/- per day i.e. Rs. 4,500/- per month, thus, considering the aforesaid fact, this Court finds that the tribunal has taken the income of the deceased on lower side.

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Accordingly, this Court hold that the compensation shall be computed by taking the income of the deceased to be Rs. 4,500/- per month i.e. Rs. 54,000/- per annum.

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The Court is of the opinion that in the instant case, it would be just and proper to award 6% interest on the enhanced amount of compensation from the date of institution of claim petition till the payment of award.

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The appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. There shall be no order as to cost.

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Order Date :- 13.9.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.09.24 11:51:15 IST Reason: Location: High Court of Judicature at Allahabad

Smt Neelam Parasher and 3 Others v. United India Insurance Company Limited and 5 Others

Case brief

What is this about?

What did the court decide?

Smt Neelam Parasher and 3 Others v. United India Insurance Company Limited and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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