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Allahabad High Court · body

2020 DIGILAW 569 (ALL)

Shashi Yadav v. Mewa Lal

2020-02-20

KAUSHAL JAYENDRA THAKER

body2020
JUDGMENT : 1. Heard Sri Amit Kumar Sinha, learned counsel for the appellant and Sri G.K. Srivastava, learned counsel for respondent. 2. This appeal, at the behest of the claimants, challenges the judgment and order dated 15.12.2019 passed by Motor Accident Claims Tribunal/ Additional District Judge- XVI, Allahabad (hereinafter referred to as 'Tribunal') in M.A.C.P. No.450 of 2005 awarding a sum of Rs.4,87,000/- with interest at the rate of 67% as compensation. 3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The Insurance Company has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded. 4. Learned counsel for the appellant has submitted that the income of the deceased should be considered at least Rs.10,000/- and that 45% should be added as future loss of income of the deceased in view of the decision in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 105. It is further submitted that under non-pecuniary heads, the claimants are entitled to at least Rs.70,000/- and that the interest at the rate of 9% should be awarded. 5. As against this, Sri G.K Srivastava, learned counsel for the respondent-Insurance Company submits that for a trainer in Northorn Regional Institute of Printing Technology the income cannot be Rs.10,000/- even in the year of accident. It is also submitted that the quantum of compensation awarded by the Tribunal is just and proper and does not call for any interference of the Court. 6. After hearing the counsel for the parties and after perusing the judgment and order impugned, his income can be considered to be Rs.6,000/-, to which as the deceased was in the age bracket of 31-35 years, 40% will have to be added. Hence, the compensation payable to the appellants in view of the decision of the Apex Court in Pranay Sethi (Supra) is computed herein below: i. Income Rs.6,000/- ii. Percentage towards future prospects : 40% namely Rs.2400/- iii. Total income : Rs. 6,000 + 2400 = Rs.8400/- iv. Income after deduction of 1/4th : Rs.6300/- (as survived by more than four persons.) v. Annual income : Rs.6300 x 12 = Rs.75,600/- vi. Multiplier applicable : 16 (as he was 35 years of age) vii. Loss of dependency: Rs.75,600 x 16 = Rs.12,09,600/- viii. Total income : Rs. 6,000 + 2400 = Rs.8400/- iv. Income after deduction of 1/4th : Rs.6300/- (as survived by more than four persons.) v. Annual income : Rs.6300 x 12 = Rs.75,600/- vi. Multiplier applicable : 16 (as he was 35 years of age) vii. Loss of dependency: Rs.75,600 x 16 = Rs.12,09,600/- viii. Amount under non pecuniary heads : Rs.70,000/- x. Total compensation : Rs.12,79,600/- 7. As far as issue of rate of interest is concerned, it should be 9% in view decision of the Apex Court in Civil Appeal No.242/243 of 2020 (National Insurance Company Ltd. vs Birender and others) decided on 13 January, 2020 which is the latest in point of time. 8. No other grounds are urged orally when the matter was heard. 9. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited by the respondent[ Insurance Company within a period of 12 weeks from today with interest at the rate of 9% from the date of filing of the claim petition till the judgment of the Tribunal and 6% thereafter till the amount is deposited. The amount already deposited be deducted from the amount to be deposited.