Allahabad High Court
Smt. Mamta Devi And Others vs Sunil Kumar And Others on 2 February, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- FIRST APPEAL FROM ORDER No. - 3201 of 2005 Appellant :- Smt. Mamta Devi And Others Respondent :- Sunil Kumar And Others Counsel for Appellant :- Ram Singh Hon'ble Vivek Agarwal,J.
Heard learned counsel for the appellant and learned counsel for the respondents.
This appeal has been filed by the claimants being aggrieved of award dated 24.9.2005 passed by learned Motor Accident Claims Tribunal / Special Judge under the Essential Commodities Act, Fatehpur in Claim Case No. 198 of 2003 on three grounds namely claimants are entitled to computation of future prospects, amount awarded under non-pecuniary head is only Rs. 9500/- which needs to be enhanced and thirdly it is fairly submitted that Tribunal has wrongly applied multiplier of 17 which should have been of 16 looking to age of the deceased to be 33-years.
Sri Komal Mehrotra and Sri Arun Prakash, appearing for respondent no. 4. Sri Azaj Ahmad Khan for respondent no. 5 supports the award and submits that except multiplier no other change is required.
After hearing counsel for the parties and going through the record, it is apparent that Tribunal has computed dependency of the family at Rs. 41000/- per annum. Deceased was a LIC agent, therefore, there will be 40% addition towards future prospects taking annual dependency to Rs. 67,400/-, when multiplier of 16 is applied, as admittedly deceased was aged about 33-years, the total pecuniary compensation will come out to Rs. 9,18,400/- (Rupees Nine lakhs eighteen thousand and four hundred only). Over and above, which claimants are entitled to a sum of Rs. 70,000/- under the head of non pecuniary compensation. Thus taking total compensation to Rs. 9,88,400/- (Rupees Nine lakhs eighty eight thousand and four hundred only) against a sum of Rs. 706500/-(Rupees Seven lakhs six thousand five hundred only) as has been awarded by the Tribunal. Therefore, there will be enhancement to the tune of Rs. 2,81,900/-(Two lakhs eighty thousand and nine hundred only) which is admissible to the claimants over and above the amount awarded by the Claims Tribunal. This additional amount shall also carry interest at the rate of 6% from the date of filing of the claim petition.
In above terms, the appeal is disposed of.
Order Date :- 2.2.2021 S.K.S.