Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1844 of 2013
Appellant :- The New India Assurance Company Ltd. Allahabad
Respondent :- Harveer Singh And 5 Others Counsel for Appellant :- Amit Manohar Counsel for Respondent :- V.K. Shukla
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
By means of the present appeal, appellant-insurance company has challenged the judgement and award dated 12.04.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Muzaffar Nagar in M.A.C.P. No.365 of 2011 whereby, the Tribunal has awarded Rs.1,32,000/- as compensation to the claimants/respondents for the death of one Anuj Kumar in an accident on 08.02.2011 with Tractor Trolly No.U.P-12-P-5016.
Learned counsel for claimants/respondents has also preferred Cross Objection No.212737 of 2017 in the present appeal.
Challenging the award of the Tribunal, learned counsel for the appellant has urged that deceased was a boy of 13 years and, therefore, Tribunal has erred in deducting 1/3rd towards the personal expenses of the deceased. The submission is that compensation awarded by the Tribunal is excessive and is not sustainable in law.
Per contra, learned counsel for the claimants/respondents submits that it is a case of death of 13 years old boy compensation awarded by the Tribunal is not adequate. He submits that the Division Bench of this Court in the case of Nagma Bano Vs. Harish Chandar Gupta and Others, 2017(1) AICC 692 in the case of a minor child child of three years has enhanced the compensation from Rs.1,27,500/- to Rs. 5,00,000/-. He further submits that claimants/respondents has also preferred cross objection for enhancement of compensation.
I have considered the arguments advanced by the learned counsel for the appellants and perused the record.
The submission of learned counsel for the appellant in respect of excessive amount of award by the Tribunal is not sustainable in view of the judgement of this Court in the the case of Nagma Bano (supra) wherein this Court has enhanced the compensation to Rs.5 lac in case of death of a minor child.
The submission of Sri V.K. Shukla, learned counsel for the claimants/respondents has substance in view of the judgement of this Court in the case of Nagma Bano (supra).
Considering the fact that it is case of death of 13 years old boy, this Court is of the opinion that compensation awarded by the Tribunal is inadequate. Thus, following the judgement of this Court in the case of Nagma Bano (supra), compensation is enhanced to Rs. 5 lac.
Thus, for the reasons given above, the appeal of insurance company is dismissed and the cross objection filed by the claimants/respondent nos.1 and 2 is allowed and award of the Tribunal is modified to the extent indicated above.
The insurance company is directed to pay the enhanced amount of compensation to the claimants/appellants within a period of two months from today. The enhanced amount of compensation shall carry 7% interest from the date of institution of claim petition. There shall be no order as to costs.
Order Date :- 28.2.2019 Sattyarth