Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 350 of 2011
Appellant :- Harikesh And Others Respondent :- Arvind Kumar And Others Counsel for Appellant :- Ram Singh
Counsel for Respondent :- Saurabh Srivastava
Hon'ble Vivek Agarwal,J.
1. Heard Sri Ram Singh, learned counsel for the appellants and Sri Saurabh Srivastava, learned counsel for the respondents- insurance company.
2. As per office report dated 06.01.2021, notices sent by ordinary post for service on respondent nos. 1 and 2 have not returned. However, they are represented through their insurer respondent no. 3, therefore, no adverse impact is going to be made on the rights of the respondent nos. 1 and 2.
Order on Appeal
1. This appeal has been filed by the claimants being aggrieved of award dated 12.11.2010 passed by learned Motor Accident Claims Tribunal/Additional District Judge/Special Judge Essential Commodities Act, Fatehpur in Claim Case No. 14 of 2009 on five grounds namely, learned tribunal has erred in making deduction to the extent of 75% from the income of the deceased, who was a bachelor whereas this deduction should have been to the extent of 50% as has been laid down in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another as reported in (2009) 6 SCC 121.
2. The claimants are also entitled to 50% addition under the head of future prospects inasmuch as deceased was an employee of Indian Navy and was a salaried employee of Indian Navy. Further, it is submitted that age of the deceased was 20 years and therefore, multiplier of 18 will be applicable against multiplier of 11 applied by learned claims tribunal. It is also submitted that under head of non-pecuniary damages, a sum of Rs. 30,000/- (thirty thousand rupees) to be paid. Sri Ram Singh also claims 7% interest in terms of the U.P. Motor Vehicle (Amendment) Rules, 2011.
3. Sri Saurabh Srivastava submits that this U.P. Motor Vehicle (Amendment) Rules, 2011 has come into force with effect from September, 2011 and therefore, they will not be applicable to the facts and circumstances of the present case and thus no indulgence is required as far as rate of interest is concerned.
4. Learned counsel for the insurance co admits that only 50% deduction was required to be made in the light of the law laid down in case of Smt. Sarla Verma (supra) and thereafter in case of Munna Lal Jain and Others vs. Vipin Kumar Sharma and Others as reported in 2015 (3) T.A.C. 1 (S.C.).
5. It is admitted fact that deceased was working as M.E. IInd and drawing salary to the tune of Rs. 12,989/- (twelve thousand nine hundred eighty nine rupees) per month. When 50% deduction is made, then the dependency will come out to Rs. 6,494.50/- (six thousand four hundred ninety four rupees and fifty paise). 50% of the amount is to be added toward future prospects taking monthly dependency to Rs. 9,741.75/- (nine thousand seven hundred forty one rupees and seventy five paise) or Rs. 1,16,901/- (one lakh sixteen thousand nine hundred one rupees) per annum. When multiplier of 18 is applied, then total quantum of pecuniary compensation will come out to Rs. 21,04,218/- (twenty one lakhs four thousand two hundred eighteen rupees). Over and above this, a sum of Rs. 30,000/- (thirty thousand rupees) will be admissible under the head of non-pecuniary damages taking total compensation to Rs. 21,34,218/- (twenty one lakhs thirty four thousand two hundred eighteen rupees) in place of Rs. 5,24,340/- (five lakhs twenty four thousand three hundred forty rupees) awarded by learned claims tribunal. Therefore, there will be enhancement to the tune of Rs. 16,09,878/- (sixteen lakhs nine thousand eight hundred seventy eight rupees) over and above what has been awarded by learned tribunal. Other terms and conditions of the award shall remain intact except that this enhanced amount will be invested in the joint names of the claimants in a five year recurring deposit account of Indian Post Office and the claimants will be entitled to use interest on the principal amount for a period of five years.
6. As far as rate of interest is concerned, its enhancement is denied, but learned Tribunal has allowed interest under a condition that if insurance company fails to pay the awarded amount within 30 days, then interest will be payable. This condition needs to be modified to grant of interest @ 6% from the date of filing of the claim petition.
7. In above terms, appeal is disposed off.
Order Date :- 7.1.2021 Vikram/-