Sri Shiv Kumar Agnihotri v. The National Insurance Compnay Ltd

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1028 of 2006 Appellant :- Sri Shiv Kumar Agnihotri Respondent :- The National Insurance Compnay Ltd. Counsel for Appellant :- Mohd. Naushad Siddiqui Counsel for Respondent :- Manish Kumar Nigam 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.

¶3In view of the order passed in connected appeal i.e. F.A.F.O. No.1012 of 2006, wherein, this Court has set aside the finding of the Tribunal holding 40% negligence of the rider of scooter, in this case also, following the judgment of this case, finding of the Tribunal is set aside.

¶4Learned counsel for the claimants/appellants has urged that the accident had taken place on in the year 2002, therefore, considering the nature of work of the deceased, the Tribunal should have taken the income of the deceased to be Rs.2,000/- per month i.e. Rs.24,000/- per annum for computing the compensation. It is further submitted that the claimants/appellants are also entitled to 40% towards future prospect considering the age of the deceased 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.

¶5Per contra, learned counsel for the respondents would contend that the Tribunal has awarded just and proper compensation.

¶6The submission of learned counsel for the claimants/appellants in respect of assessment of income of the deceased has substance and accordingly, it is provided that Tribunal should assess compensation by taking the income of the deceased to be Rs.24,000/- per annum for the purpose of computation of compensation.

¶7The submission of learned counsel for the claimants/appellants 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 and considering the age of the deceased, claimants/appellants are entitled to 40% towards future prospect.

¶8It is also provided that enhanced amount of compensation shall carry 6% simple interest from the date of institution of claim petition till the date of its payment.

¶9Thus, for the reasons given above, the appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. The insurance company is directed to pay the enhanced amount of compensation to the claimants/appellants within a period of three months from the date of production of a certified copy of this order. There shall be no order as to costs. Order Date :- 30.10.2023 R.S. Tiwari High Court of Judicature at Allahabad