Allahabad High Court
Smt. Rani Sharma 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. - 2497 of 2017 Appellant :- Smt. Rani Sharma 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 appellant, Sri Vipul Kumar, learned counsel appearing on behalf of respondent no. 1/Insurance Company and perused the record. No one is present for respondent no. 2.
This first appeal from order has been filed by the claimant-appellant 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. 522 of 2008 (Smt. Rani Sharma vs. United India Insurance Company Ltd. & another) by which the claim petition was partly allowed and the compensation of Rs. 1,65,000/- along with 7% interest has been awarded to the claimant on account of death of Abhay aged about 11 years.
It is submitted by learned counsel for the appellant that the Claims Tribunal has erred in awarding a very less amount of compensation, accepting the notional income of the deceased as Rs. 15,000/- per annum, which is liable to be enhanced by this Court. Learned counsel for the appellant has placed reliance upon the Hon'ble Apex Court in the case of Kurvan Ansari @ Kurvan Ali & Anr. vs. Shyam Kishore Murmu & Anr. reported in 2021 (4) T.A.C. 673, in which Hon'ble Apex Court had awarded compensation of Rs. 4,70,000/- for the death of a boy aged about 7 years. It is further submitted that Hon'ble Apex Court while calculating the compensation had accepted the notional income of the deceased, who was seven years old as Rs. 25,000/- per annum.
Learned counsel appearing on behalf of respondent Insurance Company has submitted that the compensation awarded by the Claims Tribunal is just and proper but has not disputed the aforesaid legal position.
In view of above, the present first appeal from order filed by claimant-appellant is allowed and the award dated 25.04.2017, passed by Motor Accident Claims Tribunal is modified and compensation is enhanced from Rs. 1,65,000/- to Rs. 4,70,000/-. The claimant-appellant is also entitled for 6% interest on the enhanced amount of compensation from the date of filing of claim petition.
Since the appeal preferred by owner of the vehicle being F.A.F.O. No. 2681 of 2017 is allowed today, the Insurance Company is directed to pay the enhanced amount to the claimant-appellant within a period of two months from today.
Order Date :- 5.9.2022 sailesh