Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 2481 of 2005
Appellant :- Smt. Kailashmati And Others Respondent :- Durga Prashad And Another Counsel for Appellant :- S.D. Ojha Counsel for Respondent :- N.K. Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the parties and perused the record.
2. This appeal has been preferred against the judgment and award dated 30.07.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Siddharthnagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 73 of 2002 whereby awarding a sum of Rs.1,96,500/- with interest at the rate of 6% per annum as compensation to the claimant.
3. The brief facts of the case are that on 24.10.2002 deceased Deepak along with his father was returning to his home on motor cycle bearing No. 55/A 6738. The father of the deceased was driving the motor cycle. At about 6 p.m., a tractor bearing No. 55/7974 being driven rashly and negligently hit the motor cycle due to which father of deceased died and on 30.10.2002 deceased Deepak also died. The F.I.R. has been lodged in Police Station- Siddharthnagar, Case Crime No. 714 of 2002, under Section 279 and 304A.
4. It is submitted by learned counsel for appellant that the income to be considered would be Rs.3,000/- per month which comes to Rs.36,000/- per annum, the future prospects to be added would be 40% Rs.3,000/- which would be Rs.1,200/- out of Rs.4,200/-, 1/4th has to be deducted which brings the figure admissible to heirs as Rs.3,000/- per month i.e. Rs.36,000 which has to be multiplied by 17, looking to the age of the deceased which comes to Rs.6,12,000/- would be the amount payable to the heirs and as per National Insurance Company Limited Vs. Pranay Setthi and others, S.L.P. (Civil) No. 25590 of 2014, decided on 31.10.2017, Rs.70,000/- for non peculiar damages. The interest granted @ 6% be enhanced to 9% as per judgment of this Court. However 9% will be rate of interest from date of claim petition till decision of claim petition, 6% thereafter.
5. The appeal is partly allowed. Judgement and decree shall stand modify to the aforesaid extent. The respondent to deposit the said amount within 12 weeks from today.
Order Date :- 28.2.2019 Shubhankar