Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 3227 of 2005 Appellant :- Km. Nisha Singh Respondent :- Ahmad and another Counsel for Appellant :- Ram Singh Counsel for Respondent :- Amaresh Sinha, Sayed Sohail Asgar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the parties and perused the judgment and order impugned.
2. This appeal, at the behest of the injured-claimant, challenges the judgment and award dated 23.9.2005 passed by Motor Accident Claims Tribunal/District Judge, Kaushambi (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 44 of 2001 awarding a sum of Rs.2,45,000/- with interest at the rate of 6% for the injuries suffered by the claimant – appellant.
3. The accident is not in dispute. The issue of negligence decided in favour of the appellant herein. Respondent concerned has not challenged the liability imposed on it by the Tribunal. Hence, the only issue to be decided is, the quantum of compensation awarded.
4. It is submitted by the counsel for the appellant that the Tribunal has awarded Rs.2,45,000/- with interest at the rate of 6%; that there is a compound fracture of right leg and that the injured was 7 years of the age at the time of accident. It is further submitted that the Tribunal should have considered the notional income of the injured and should have granted amount under the head of future loss of income. It is also submitted that the amount under the non-pecuniary heads and the interest awarded are also on the lower side and requires to be enhanced in view of the following authoritative pronouncements:
(i) Sanjay Kumar Vs. Ashok Kumar and another, (2014) 5 SCC 330;
(ii) Syed. Sadiq and others Vs. Divisional Manager, United India Insurance Company Limited, (2014) 2 SCC 735;
(iii) V. Mekala Vs. M. Malathi and another, (2014) 11 SCC 178; and
(iv) Uttar Pradesh Motor Vehicles (Eleventh Amendment) Rules, 2011.
(v) Hari Babu Vs. Amrit Lal and others, 2019 (2) T.A.C. 718 (All.).
5. As against this, it is submitted by the learned counsel for the respondent compensation granted by the Tribunal is just and proper and does not call for any interference.
6. The Tribunal has relied on the decision in National Insurance Company Ltd. Vs. Mukesh Kumar and others, 2002 (2) T.A.C. 19 (Raj.). The Tribunal has awarded Rs.2,45,000/- assessing the disability of the injured to be 40% without considering the income of injured. Hence, the said amount requires recalculation.
7. As far as the income of the injured is concerned, it can be considered to be Rs.15,000/- per year notionally. To which, as the injured was aged about 7 years at the time of accident, 40% of the income requires to be added as future loss of income to the injured in view of the decisions in Raj Kumar Vs. Ajay Kumar and another, reported in (2011) 1 SCC 343 and Syed. Sadiq and others (Supra) which would bring the figure to Rs.15,000 + 6,000 = 21,000/-. The annual loss of the injured would be 40% namely Rs.8,400/-. Multiplier of 15 has been rightly granted by the Tribunal. Hence, the injured would be entitled to Rs. 8,400 x 15 = 1,26,000/-.
8. The injured was remained in hospital from 10.6.2001 to 13.6.2001, from 23.6.2001 to 29.6.2001 and as there was compound fracture, she was then admitted in Tej Bahadur Sapru Hospital, Allahabad. The Tribunal has granted Rs.40,000/- under medical expenses which is just and proper and is maintained.
9. In addition to the above, looking to the young age of injured, Rs.25,000/- under the head of pain, shock and sufferings, Rs. Rs.25,000/- for loss of amenities and Rs.25,000/- under all other heads is granted over and above the amounts granted by the Tribunal under non pecuniary heads, are granted.
8. The rate of interest will have to be 9% in view of the judgment of the Division Bench of Lucknow Bench in F.A.F.O. No. 199 of 2017 (National Insurance Company Limited Vs. Lavkush and another) decided on 21.3.2017 which has been followed by this Court time and again and which will enure for the benefit of the appellants.
9. No other grounds are urged orally when the matter was heard.
10. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited within 12 weeks from today with interest at the rate of 9% from the date of filing of the claim petition till award and 6% thereafter till the amount is deposited. The amount already deposited be deducted from the amount to be deposited.
Order Date :- 19.12.2019 DKS