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2022 DIGILAW 1098 (MP)

Brijesh Kumar Tyagi v. Brijesh Upadhyay

2022-09-06

DEEPAK KUMAR AGARWAL

body2022
JUDGMENT 1. Being aggrieved by the award passed by the 4th Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.516/2012 on 10.9.2014, appellants have preferred this appeal. 2. Appellants are mother and father of the deceased Late Krishankant Tyagi aged about eight years. Respondent No.2 is the driver of the offending vehicle and respondent No.1 is the owner of the offending vehicle which was insured with respondent No.3/Insurance Company. 3. Brief facts of the case are that on 2.8.2012, Krishankant (since deceased) alongwith his grandmother was standing for going to Bhatpura, at that time, respondent No.2 came driving the offending bus bearing registration No.UP83-H-9690 rashly and negligently and dashed the deceased as well as Guddi Bai and other persons, due to which Krishankant sustained grieous hurts and died on the spot. After accident, FIR was lodged at police Station -Jaura, District- Morena (M.P.). Offence was registered. Appellants/claimants filed a claim petition before the Claims Tribunal, adduced evidence and thereafter, learned Claims Tribunal passed an award of Rs.2,75,000/- by calculating notional income of the deceased to be Rs.30,000/- per annum, applying multiplier of 15 and thereafter, deducing 1/2th of the amount towards personal expenses of the deceased following the law laid down by the apex Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation & Another, (2009) 6 SCC 121 and adding a sum of Rs.25,000/- towards love and affection and Rs.25,000/- towards funeral expenses. 4. Learned counsel for the appellants submits that at least an award of Rs.five lacs should have been passed in favour of the appellants for the death of their five years daughter. In support of her submission, learned counsel for the appellants relied on the decision of the apex Court in the case of Kurvan Ansari @ Kurvan Ali & Anr. v. Shyam Kishore Murmu & Anr. decided in Civil Appeal No.6902/2021 on 16th November, 2021, Kishan Gopal and another v. Lala and others, 2013 ACJ 2594 and the decision of this Court in Chhoti Devi (Smt.) & Ors. v. Babu Hussain & Ors., MACD 2019 (3) (M.P.) 1472 and the decision of Kerala High Court in Sannasi and others v. Manager, National Insurance Co. Ltd. , 2020 ACJ 2010 . 5. v. Babu Hussain & Ors., MACD 2019 (3) (M.P.) 1472 and the decision of Kerala High Court in Sannasi and others v. Manager, National Insurance Co. Ltd. , 2020 ACJ 2010 . 5. On the contrary, learned counsel for the Insurance Company vehemently opposed the appeal on the ground that learned Claims Tribunal rightly assessed the income of the deceased to be Rs.30,000/- per annum, applied correct multiplier of 15, rightly followed the law laid down in the case of Sarla Verma (supra) and rightly deducted 1/2 of the notional income of the deceased towards personal expenses of the deceased. In support of his argument, learned counsel for the Insurance Company has relied upon the decision of the apex Court in Rajendra Singh and others v. National Insurance Co. Ltd., 2020 ACJ 2211 in which Hon'ble apex Court as far as future prospects are concerned observed that decision in R. K. Malik v. Kiran Pal, 2009 ACJ 1924 (SC) does not consider decision in the case of New India Assurance Co. Ltd. v. Satender, 2007 ACJ 160 (SC) on the grant of future prospects as far as children are concerned. 6. Heard learned counsel for the parties and perused the record. 7. The apex Court in the case of Kurvan Ansari (supra) by considering the decision in the cases of Puttamma & Ors. v. K.L. Narayana Reddy & Anr. (2013) 15 SCC 45 , R.K. Malik & Anr. v. Kiran Pal & Ors. (2009) 14 SCC 1 , Kishan Gopal and Anr. v. Lala & Ors., (2014) 1 SCC 244 and Rajendra Singh & Ors. v. National Insurance Co. Ltd. & Ors., (2020) 7 SCC 256 has awarded a compensation of Rs.4,70,000/- to the appellants for the death of a 7 years boy without making any deduction towards his personal expenses. 8. In view of the decision of the apex Court in the case of Kurvan Ansari (supra) the award of the Claims Tribunal is modified to the extent that finding of 1/2 deduction from the notional income of the deceased towards his personal expenses is set-aside. Thus, claimants are entitled to additional compensation of Rs.2,25,000/- which shall be paid to the claimants within a period of 45 days', failing which interest at the rate of 6% shall be applicable from the date of filing of the claim petition. Thus, claimants are entitled to additional compensation of Rs.2,25,000/- which shall be paid to the claimants within a period of 45 days', failing which interest at the rate of 6% shall be applicable from the date of filing of the claim petition. Rest of the terms & conditions of the award shall remain as it is. With the aforesaid, this Misc. Appeal is partly allowed.