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2024 DIGILAW 38 (ALL)

Rukmini Devi v. Thakur Singh

2024-01-04

VIPIN CHANDRA DIXIT

body2024
JUDGMENT Vipin Chandra Dixit, J. List has been revised. No one is present on behalf of respondent no.1. 2. Heard Sri. Umesh Vats, learned counsel for the appellants and Sri. Subash Chandra Srivastava, learned counsel appearing on behalf of respondent no.2. 3. This first appeal from order has been filed by the claimants/appellants against the judgment and award dated 24.08.2002 passed by Additional District Judge, Court No.5/ Motor Accident Claims Tribunal Agra in M.A.C.P. No. 333 of 2001 (Smt. Rukmini Devi and another v. Sri. Thakur Singh and another), for enhancement of compensation. 4. The appellants have filed an application under Order 41, Rule 27 C.P.C. on 23.08.2023 annexing certain documents regarding income/pension of the deceased. In spite of opportunities provided by this Court, no reply has been filed by the respondent no.2- The Oriental Insurance Company Ltd. to the application filed by the appellants under Order 41, Rule 27 C.P.C. 5. In view of above, the application filed under Order 41, Rule 27 of C.P.C. is allowed and the evidence filed by appellant is accepted as additional evidence. 6. It is submitted by the learned counsel for the appellants that the deceased was working as Live Stock Officer and was getting pension of Rs. 3600/- per month but the Claims Tribunal had disbelieved the income of deceased and compensation was calculated on the basis of notional income of Rs. 15,000/- per annum. It is further submitted that only 10,000/- has been awarded for loss of consortium and Rs. 2500/- for funeral expenses has been awarded to the claimants, whereas in view of the law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. v. Pranay Sethi reported in 2017 (4) T.A.C. 673, the claimants are entitled for 70,000/- for non-pecuniary damages. The multiplier was also wrongly applied as 5 accepting the age of the deceased as 64 years, whereas the appropriate multiplier is 7 as provided by Hon'ble Apex Court in the case of Smt. Sarla Verma v. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.) . 7. Learned counsel appearing on behalf of Insurance Company respondent no.2 could not dispute the aforesaid legal position. 8. Considering the rival submissions of learned counsel for the parties and perused the record. 9. 7. Learned counsel appearing on behalf of Insurance Company respondent no.2 could not dispute the aforesaid legal position. 8. Considering the rival submissions of learned counsel for the parties and perused the record. 9. Record shows that as per the certificate issued by the Chief Treasury Officer Agra, dated 22.08.2023, the deceased Uttam Chandra Agrawal was getting pension of Rs. 3,602/- at the time of his death. The certificate dated 22.08.2023 is annexed as Annexure-1 to the affidavit filed in support of Application under Order 41, Rule 27 C.P.C. The claimants are also entitled for Rs. 70,000/- for non pecuniary damages in view of Judgment of Hon'ble Apex Court in the case of Pranay Sethi (supra). 10. Considering the rival submissions of learned counsel for the parties, the present first appeal from order is partly allowed and the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :- i. Monthly Income : Rs. 3602/- ii. Annual Income: Rs. 3602 x 12= Rs. 43224/- iii. Deduction towards Personal expenses (1/3rd): Rs. 43,224/ - Rs. 14408/- = Rs. 28816/- iv. Multiplier applicable : (7) = Rs. 28816/- x 7 = Rs. 2,01,712/- v. Non pecuniary damages : Rs. 70,000/- vi. Total compensation :Rs. 2,01,712/- + Rs. 70,000/- = 2,71,712/- 11. The Appeal is hereby partly allowed and judgment and order dated 24.08.2002 passed by Additional District Judge, Court No.5/ Motor Accident Claim Tribunal Agra, in M.A.C.P. No. 333 of 2001 (Smt. Rukmini Devi and another v. Sri. Thakur Singh and another) is modified and compensation awarded by Claims Tribunal in enhanced from Rs. 67,500/- to Rs. 2,71,712/-. The respondent no.2-The Oriental Insurance Co. Ltd. is directed to deposit the enhanced amount of Rs. 2,04,212/- alongwith 6% interest from the date of judgment and award of Claims Tribunal i.e. 24.08.2002 within two months from today. 12. Office is directed to return the lower court record to the Tribunal concerned.