Allahabad High Court
Raja Ram And Others vs Oriental Insurance Co. Ltd. And Others on 31 October, 2022
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 1735 of 2022 Appellant :- Raja Ram And Others Respondent :- Oriental Insurance Co. Ltd. And Others Counsel for Appellant :- Lal Chandra Sahu Counsel for Respondent :- Sudip Ojha Hon'ble Saral Srivastava,J.
Heard learned counsel for the appellants and learned counsel for the respondents.
The present appeal has been filed against the award dated 15.03.2012 passed by MACT/Additional District Judge, Court No.13, Bareilly in MACP No.722 of 2010, whereby the tribunal has awarded a compensation of Rs.5,49,500/- alongwith 6% interest from the date of institution of claim petition for death of one Har Prasad in an accident on 10.07.2010 with vehicle no.RJ05/GA/3635.
Challenging the aforesaid award, learned counsel for the appellants has contended that the deceased was aged about 42 years at the time of accident and, therefore, the tribunal ought to have awarded 25% towards future prospect and Rs.70,000/-towards non-pecuniary damages in place of Rs.9500/- in view of the judgement of the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others 2017 (16) SCC 680. Further contention advanced by learned counsel for the appellants is that the tribunal should have deducted 1/5th instead of 1/3rd towards personal expenses of the deceased. Accordingly, it is submitted that the compensation awarded by the tribunal is on lower side and needs enhancement by this Court.
Per contra, learned counsel for the respondents has contended that the compensation awarded by the tribunal is just and proper and does not call for any interference by this Court.
This Court finds substance in the submission of learned counsel for the appellants.
This Court awards 25% towards future prospect considering the age of the deceased and further, awards Rs.70,000/- towards non-pecuniary damages in place of Rs.9500/- as awarded by the tribunal in view of the judgement of the Apex Court in the case of Pranay Sethi (supra). It is also provided that 1/5th shall be deducted from the income towards personal expenses of the deceased considering the number of dependents upon the deceased.
The appeal is partly allowed and the award of the tribunal is modified to the extent indicated above. The Tribunal is directed to calculate the same in the light of observations made above. It is further provided that the enhanced amount of compensation shall carry 6% interest from the date of institution of claim petition till the amount is paid.
Order Date :- 31.10.2022 SS