Mukesh Babu Bhardwaj v. Shriram General Insurance Co. Limited
2022-09-22
ANIRUDDHA BOSE, SURYA KANT
body2022
DigiLaw.ai
ORDER 1. Leave granted 2. The appellants are parents of Divyanshu Bhardwaj, who died in a road accident with a truck owned by Respondent No.2 which hit the bike the deceased was riding on. The deceased was 2nd year B.Tech. student at the time of his unfortunate accidental death. 3. The appellants filed a Claim Petition under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal, Hathras, U.P. awarded compensation of Rs.11,74,500/- along with 7% interest. 4. Respondent No.1 - Insurance Company challenged the aforesaid award in an appeal before the High Court and vide impugned Order, the High Court has reduced the compensation to Rs.10,74,500/-. While doing so, the High Court has assessed the income of the deceased at the time of his death as Rs.6000/- per month. On the other hand, the Tribunal had concluded the monthly income of the deceased to Rs.10,000/- 5. We have heard learned counsel appearing for the parties and gone through the record. 6. It has been categorically recorded by the Tribunal that the 'opposite party had not placed any documentary or oral evidence in support of their version'. 7. It is undeniable that the appellants have led positive evidence to establish the monthly income of the deceased, which was on due analysis, was believed by the Tribunal. 8. That being so, there was no reason for the High Court to reduce the monthly income of the deceased from Rs.10,000/- to Rs.6000/- per month and resultantly reduced the overall compensation amount. 9. For the reasons aforesaid, the appeal is allowed in part; the impugned Judgment and Order dated 27-3-2019 passed by the High Court of Judicature at Allahabad is set aside and that of the Motor Accident Claims Tribunal dated 9-1-2015 is restored. 10. The balance amount of the compensation along with interest at the rate of 7% p.a. be paid to the appellants within a period of two months from today.