Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 609 of 2006 Appellant :- Shahnaj Bano And Others Respondent :- Sita Ram Patel And Another Counsel for Appellant :- Ram Singh Counsel for Respondent :- Mansoor Ahmad
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Ram Singh, learned counsel for the appellant and Sri Mansoor Ahmad, learned counsel for the respondent.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 18.11.2005 passed by Motor Accident Claims Tribunal/Special Judge/ ( E.C. Act), District Allahabad (hereinafter referred to as 'Tribunal') in Claim Petition No.614 of 2004 awarding a sum of Rs.2,79,000/- with interest at the rate of 6%.
3. The accident is not in dispute. The issue of negligence is decided in favour of the appellant herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is the quantum.
4. It is submitted by learned counsel for the appellant that the Tribunal has considered Rs.2,000/- per month which is unjust even in the year of accident. He was survived by six dependents. It is submitted that the deduction towards personal expenses also requires to be disturbed and the amount cannot be refused for future prospects of deceased.
5. It is submitted that the deceased being 32 years of age at the time of accident, the multiplier of 17 granted by the Tribunal requires to be enhanced.
6. It is submitted by learned counsel for the respondent that the income which has not been proved cannot be more than what has been assessed by the Tribunal. He could not point out that the additional amount under the head of future prospects has not to be added as per the judgment in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050. It has not been shown by counsel for the respondent that the said amount cannot be enhanced. The amount awarded under the conventional head is also not required to be enhanced is submitted by counsel for the respondent.
7. Thus, in view of the discussions and observations made herein above, the appellants- claimants would be entitled to following compensation.:
8. The rate of interest will have to be enhanced and I am unable to accept the submission of learned counsel for the respondent that the Rules will apply. A 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 have interpreted the Rules, which has been followed by this Court time and again, will enure for the benefit of the appellant and, therefore the rate of interest would be 9% as held in catena of decision of this High Court.
9. 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 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 be deposited within a period of 12 weeks from today. The amount already deposited be deducted from the amount to be deposited.
10. This Court is thankful to both the counsels to see that this very old matter disposed of.
Order Date :- 30.5.2019 Mukesh