Allahabad High Court
Smt. Rani Sharma And 2 Others vs United India Insurance Co. Ltd. And ... on 5 September, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- FIRST APPEAL FROM ORDER No. - 2481 of 2017 Appellant :- Smt. Rani Sharma And 2 Others Respondent :- United India Insurance Co. Ltd. And Another Counsel for Appellant :- Ram Singh,Amit Kumar Singh Counsel for Respondent :- Vipul Kumar Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ram Singh, learned counsel for the claimants-appellants, Sri Vipul Kumar, learned counsel appearing on behalf of respondent no. 1/Insurance Company and perused the record. No one is present on behalf of respondent no. 2.
This first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 25.04.2017, passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 3, Aligarh in M.A.C.P. No. 524 of 2008 (Smt. Rani Sharma & others vs. United India Insurance Company Ltd. & others) by which the claim petition was partly allowed and the compensation of Rs. 14,95,560/- along with 7% interest has been awarded to the claimants on account of death of Arun Kumar who was died in the road accident occurred on 03.06.2008.
It is submitted the learned counsel for the appellants that only Rs. 25,000/- has been awarded to the claimants towards non pecuniary damages, whereas, the claimants are entitled for Rs. 70,000/- for non pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673.
Learned counsel appearing on behalf respondent no. /Insurance Company has not disputed the aforesaid legal position.
In view of above, the appeal is partly allowed and the claimants-appellants are also entitled for Rs. 45,000/- more towards non pecuniary damages along with 7% interest.
Since, the appeal preferred by owner of the vehicle being F.A.F.O. No. 2673 of 2017 has been allowed today, the Insurance Company is directed to pay Rs. 45,000/- along with 7% interest from the date of filing of claim petition, to the claimants-appellants within a period of two months from today.
Order Date :- 5.9.2022 sailesh