Allahabad High Court
Smt. Samuntra And 2 Others vs Ladda Ram And 2 Others on 15 July, 2025
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:114060 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 990 of 2025 Appellant :- Smt. Samuntra And 2 Others Respondent :- Ladda Ram And 2 Others Counsel for Appellant :- Aman Srivastav Counsel for Respondent :- Anubhav Sinha Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the appellants and learned counsel for the respondents.
2. Appellants by means of present appeal have assailed the judgement and award dated 29.01.2025 passed by Motor Accident Claims Tribunal, Ghaziabad in M.A.C. No.04 of 2020 (Smt. Samuntra and others Vs. Ladda Ram and others).
3. Learned counsel for the claimants-appellants has submitted that the accident had taken place on 30.11.2019 and the Tribunal has erred in computing the compensation treating the income of the deceased to be Rs.7000 per month inasmuch as it is a common knowledge that in the year 2019, even the income of a Hawker in Gas Agency was Rs.10,000/- per month. Accordingly, it is submitted that Tribunal should have taken Rs.10,000/- per month as income of the deceased for computing the compensation. It is contended that the Tribunal has erred in law in not awarding interest on the amount awarded towards the future prospect whereas the Tribunal should have awarded the interest on the amount awarded towards future prospect in view of the judgement of the Apex Court in the case of The Oriental Insurance Company Ltd. Vs. Niru @ Nihapika & Others passed in Special Leave Petition (C) No.11340 of 2020.
4. Per contra, learned counsel for the respondents would contends that compensation awarded by the Tribunal is just and proper as there was no proof of income of the deceased and hence, the same does not call for any interference by this Court in the appeal.
5. I have considered the rival submissions of the parties and perused the record.
6. The accident is stated to have taken place in the year 2019. It is a common knowledge that in the year 2019, even the income of a Hawker in Gas Agency was Rs.10,000/- per month. Considering the said fact, this Court holds that the compensation should be computed by taking the income of the deceased to be Rs.10,000/- per month in place of Rs.7,000/- per month.
7. The submission of learned counsel for the claimants/appellants in respect of grant of interest on the amount awarded towards future prospect has got force in view of the judgement of Apex Court in the case ofNiru @ Nihapika (supra) and thus, following the aforesaid judgement of Apex Court, this Court holds that the claimants/appellants are entitled to interest on the amount awarded towards future prospect.
8. The enhanced amount of compensation shall carry simple interest @ 6% per annum from the date of institution of claim petition till the date of award.
9. For the reasons given above, the appeal is partly allowed and award of the Tribunal is modified to the extent as indicated above. Insurance company is directed to pay the enhanced amount of compensation to the appellants/claimants within a period of three months. There shall be no order as to cost.
Order Date :- 15.7.2025 SS