Smt. Mukesh Alias Madhu and Others v. Satnam Singh and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2920 of 2005 Appellant :- Smt. Mukesh Alias Madhu And Others Respondent :- Satnam Singh And Others Counsel for Appellant :- B.P. Verma,Mayank Counsel for Respondent :- Hasan Abbas Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellants and learned counsel for the respondents.

¶2The present appeal has been filed by the claimants/appellants for enhancement of compensation.

¶3Learned counsel for the claimants-appellants has submitted that the accident had taken place in the year 2004 and the tribunal has erred in computing the compensation treating the income of the deceased to be Rs.1500/- per annum. Accordingly, it is submitted that tribunal should have taken Rs.36,000/- per annum as income of the deceased for computing the compensation in view of the judgment of Apex Court in the case of Laxmi Devi and Others Vs. Mohammad Tabbar and Another, 2008 AICC 915 (SC). It is further submitted that no amount towards future prospect has been awarded by the tribunal whereas, considering the age of the deceased, the claimants/appellants are entitled to 40% towards future prospect in view of the judgment of Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others 2017 (16) SCC 680.

¶4Per contra, learned counsel for the respondents has contended that the compensation awarded by the Tribunal is just and proper. It is further contended that Tribunal has erred in applying the multiplier of 17 though the tribunal in the present case should have applied the multiplier of 16 considering the age of the deceased. It is further submitted that in the facts of the present case, adequate amount has been awarded and appeal deserves to be dismissed.

¶5Having heard learned counsel for the parties and perused the record.

¶6The Apex Court in the case of Laxmi Devi (supra) has held the notional income to be Rs.3000/- per month i.e. Rs.36,000/- per annum and thus, accepting the submission of learned counsel for the claimants/appellants in view of the judgment of Apex Court in the case of Laxmi Devi (supra), it is provided that the income of the deceased should be taken to be Rs.36,000/- per annum for the purpose of computation of compensation.

¶7The submission of learned counsel for the appellants/claimants in respect of future prospect has got force in view of the judgment of Apex Court in the case of Pranay Sethi (supra) and thus, following the aforesaid judgment of Apex Court, the claimants/appellants are entitled to 40% towards future prospect considering the age of the deceased.

¶8The submission of learned counsel for the respondents in respect of wrong application of multiplier has substance in view of the judgment of Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and others 2009 (6) SCC 121. Thus, it is provided that compensation should be computed by applying the multiplier of 16 instead of 17.

¶9It is also provided that enhanced amount of compensation shall carry 6% simple interest from the date of institution of claim petition till its payment.

¶10For the reasons given above, the appeal is partly allowed and award of the tribunal is modified to the extent as indicated above. The insurance company is directed to pay the enhanced amount of compensation to the claimants/appellants within a period of three months. There shall be no order as to cost. Order Date :- 30.10.2023 R.S. Tiwari High Court of Judicature at Allahabad