Court No. - 33 Case :- FIRST APPEAL FROM ORDER No. - 2707 of 2019 Appellant :- Smt. Chandrawati And Another Respondent :- Adesh Kuamr And Others Counsel for Appellant :- Nigamendra Shukla Counsel for Respondent :- Amit Manohar,Amit Manohar,Amit Manohar Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Nigamendra Shukla, learned counsel for appellant and Sri Amit Manohar, learned counsel for respondent.
2. This appeal at the behest of the claimants, challenges the judgment and award dated 17.9.2018 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.18, Ghaziabad (hereinafter referred to as 'Tribunal') in M.A.C. Petition No.763 of 2002 awarding a sum of Rs.9,47,800/- with interest at the rate of 6%.
3. This appeal is preferred by the parents the mother and father of the deceased wheres the legal heirs Sunita Singh and daughter Vashnvi had been arrayed as respondent.
4. The Claims Tribunal while allowing the claim petition granted the amount of Rs.1,00,000/- to each of the parents which has aggrieved them. The disbursement of Rs.1,00,000/- is disputed. Rather Ram Kishan is the father and as per paragraph 31 of Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121 judgment father would not be entitled to any amount of compensation till the mother who is Class one heir is available. However, the Tribunal has granted the said amount and, therefore, major portion has to be the widow and the mother is entitled to 1/3rd of the amount which is awarded by the Tribunal. The other legal heirs has not approached this Court as this is a beneficial piece of legislation though the widow and the minor daughter have not approached this Court they would have addition of 50% of the decided amount which was Rs.60,000/- and the Tribunal granted Rs.7000/- under other heads.
5. The amount will have to be recalculated as Rs.60,000/- + Rs.30,000/- = Rs.90,000/- and 1/3rd will have to be deducted. Hence the amount would be Rs.60,000/- x 16 = Rs.9,60,000/- + Rs.70,000/- under other heads will have to be ordered.
6. The parents would be entitled to Rs.3,00,000/- between both. the minor daughter will carry Rs.5,00,000/- and the other amount given to widow who has remarried will be apportioned to the child by the Tribunal.
7. The rate of interest granted by the Tribunal would be 7.5% throughout. The difference of amount be deposited within 12 weeks from today. Record and proceedings be sent back to the Tribunal.
8. The appeal is partly allowed.
Order Date :- 19.12.2019 Mukesh