Disposed

Angoori Devi and Anr. v. Ramesh Kumar and Ors.

Punjab & Haryana HC27 Nov 2024FAO/2399/2010

Case brief

AI extract

What is this about?

Claimants sought enhancement of compensation for death of their 10-year-old child in a motor accident; Tribunal had awarded Rs.1,72,000/- lump sum. Court relied on precedents including Kusmi Devi (Rs.6 lacs for a child victim) and enhanced compensation to Rs.6,00,000/-, modifying the award.

What did the court decide?

Compensation enhanced to Rs.6,00,000/- with Tribunal's interest and disbursal directions retained; amounts already paid to be set off.

Angoori Devi and Anr. Vs Ramesh Kumar and Ors. — Motor Accident Claims | Punjab & Haryana HC (2024)

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FAO No.2399 of 2010 �

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2399 of 2010

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Date of Decision :27.11.2024

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Angoori Devi and another

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....Appellants

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Versus

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Ramesh Kumar and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. Rahul Rana, Advocate for

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Mr. Amit Singla, Advocate for the appellants.

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Mr. Radhe Shyam Sharma, Advocate for respondent No.3.

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Mr. Rajeev Godara, Advocate for respondents No.4 and 6.

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Mr. Vikas Mohan Gupta, Advocate for respondent No.7.

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PANKAJ JAIN, J. (ORAL)

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Claimants are in appeal seeking enhancement of compensation.

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Incident related to unfortunate death of a 10 year old child Vikas who died in a motor-vehicular accident dated 22.04.2002. Death of the child in the vehicular accident is not disputed. Tribunal awarded a lump sum amount of Rs.1,72,000/-.

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The scope of the present appeal is confined to compensation i.e. issue No.2.

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This Court in the case of ‘Hari Om and another vs. Mohd. Yusuf Teli and others’, 2024(3) RCR(Civil) 842 while awarding

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Deepak Kumar 2024.12.09 14:18 I attest to the accuracy and integrity of this document

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FAO No.2399 of 2010 �

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compensation on account of death of a 16 year old child adopted multiplier method taking notional income of the child @ Rs.50,000/- per annum and awarded a sum of Rs.7,19,500/-. Supreme Court in the case of ‘ Kusmi Devi vs. Md. Kasim and another’, 2024(1) PLR 49 while dealing with the death of a 3 year old child in accident dated 25^th of August, 1994 awarded lump sum compensation to the tune of Rs.6.00 lacs.

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In order to support his contention that the Insurance Company should be made liable to pay compensation to the claimants, counsel relies upon law laid down by Supreme Court in the case of ‘Sonkunwarbai and Others vs. Oriental Insurance Company Limited and others’ SLP (Civil) No.22971/2018 , ‘ Parminder Singh vs. New India Assurance Co. Ltd. and others’, (2019)7 SCC 217, ‘ Ram Chandra Singh vs. Rajaram and others’, (2018) 8 SCC 799 , Iffco Tokio General Insurance Company Ltd. vs. Pawan Kumar Taneja and others, 2023(4) RCR (Civil) 907 .

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Finding that the date of accident in Kusmi Devi’s case (supra) is also of the year 1994 wherein the Supreme Court awarded an amount of Rs.6.00 lacs on account of death of a 3 year old child, this Court finds that the said precedent serves as adequate guide. Resultantly, compensation payable to the claimants/appellants on account of death of Vikas Singh, a 10 year old child in the present case is enhanced to Rs.6.00 lacs.

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As a sequel of the aforesaid discussion, the present appeal is disposed off. The Award passed by the Tribunal stands modified to the extent as stated herein above.

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Deepak Kumar 2024.12.09 14:18 I attest to the accuracy and integrity of this document

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FAO No.2399 of 2010 �

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