Court No. - 3
Case :- FIRST APPEAL FROM ORDER No.2234 of 2009 Appellant :- Smt. Sushila Devi And Another Respondent :- I.C.I.C.I. Lombard General Insurance Co Ltd And Others Counsel for Appellant :- Vishal Tandon Counsel for Respondent :- Sunil Kumar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Sri Vishal Tandon, learned counsel for the appellant is heard on merit.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 22.04.2009 passed by Motor Accident Claims Tribunal, Fatehpur, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 141 of 2008 awarding a sum of Rs. 3,93,324/- with interest at the rate of 6 per cent.
3. The accident is not in dispute. 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.5,718/- per month which is unjust even in the year of accident. It is submitted that the income of the deceased should have been considered to be at least twice as he had permanent job and he was 29 years of age and was survived by two 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 29 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 Sri Sunil Kumar, 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. Counsel for the respondent has further submitted that amount requires to be added as per Uttar Pradesh Motor Vehicles Rules, 1998 (hereinafter referred to as 'Rules') and the interest cannot be paid as prayed for namely 6% and it should be at 9% on the enhanced amount and the amount which has already been awarded.
8. Thus, in view of the discussions and observations made herein above, the appellants- claimants would be entitled to following compensation:
9. I am unable to accept the submission of counsel for the respondent though the Rules are made applicable, the later decision of the Apex Court will govern the situation as 21 years have elapsed from the date the Rules were framed and the Second Schedule has been held to be unworkable as per the decision of the Apex Court.
10. 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 decisions of this High Court.
11. I am in agreement with counsel for the respondent that after the appeal is filed and is kept pending, the rate of interest requires to be decreased.
12. 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.
13. This Court is thankful to both the counsels to see that this very old matter is disposed of.
Order Date :- 30.4.2019 Irshad