Kailash Rani (Since Deceased) Through Lrs v. Ashok Kumar
2023-11-07
J.K.MAHESHWARI, K.V.VISWANATHAN
body2023
DigiLaw.ai
ORDER : 1. Interlocutory Application No. 193571 of 2022 for deletion of the name of respondent Nos. 1 and 2 from the array of parties is rejected. 2. Leave granted. 3. Assailing order dated 09.02.2021 passed in First Appeal From Order No. 1339 of 2003 by the High Court of Judicature at Allahabad enhancing the amount of compensation from Rs.1,99,800/ awarded by the Motor Accidents Claims Tribunal to Rs.3,53,500/, this appeal has been preferred seeking further enhancement. 4. Having heard learned counsel appearing on behalf of the parties and considering the date of accident, the age of the deceased, number of dependants, considering future prospects and also applying the formula, we find that in the facts and circumstances of the case, to secure the interests of justice, it would be sufficient, just and reasonable if a lumpsum amount of Rs.2,00,000/ (Rupees Two Lakhs only) is further enhanced. The amount of Rs.2,00,000/ be paid within four weeks from today, failing which, interest at the rate of 7.5 per cent shall be leviable on the said amount from the date of filing of the claim petition till its realisation. 5. With the aforesaid observations, the civil appeal stand disposed of.