Smt Krishna Gupta and Another v. Paras Lubricants and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2033 of 2003 Appellant :- Smt Krishna Gupta And Another Respondent :- Paras Lubricants And Others Counsel for Appellant :- Bhanu Bhushan Jauhari Counsel for Respondent :- Arun Prakash 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 award dated 30.04.2003 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Shahjahanpur in M.A.C.P. No.75 of 2002.

¶3In the instant case, the claimants claimed for enhancement of award for the death of a child Arjun aged about 11 years.

¶4The tribunal has awarded Rs.1,00,000/- lump sum alongwith 9% interest.

¶5Challenging the aforesaid award, learned counsel for the appellant has contended that in the case of Kurvan Ansari alias Kurvan Ali and another Vs. Shaym Kishore Murmu and another (20) 1 SCC 317, the Apex Court has awarded compensation of Rs.4,70,000/- in case of death of a minor child. Accordingly, it is submitted that as the controversy in hand is squarely covered by the judgement of the Apex Court in Kurvan Ansari alias Kurvan Ali (supra), therefore, the same amount of compensation shall be awarded to the claimant/appellant.

¶6Per contra, learned counsel for the respondents has contended that the deceased was only 11 years of age and, therefore, no loss of income was suffered by the claimant/appellant and the Tribunal has rightly awarded Rs.1,00,000/- lump sum as compensation to the claimants/appellants.

¶7The Apex Court in the case of Kurvan Ansari alias Kurvan Ali (supra) has awarded in case of death of a minor child Rs.4,70,000/- as compensation. Considering the fact that the controversy in hand is squarely covered by the judgement of the Apex Court in the case of Kurvan Ansari alias Kurvan Ali (supra), this Court also enhances the compensation from Rs.1,00,000/- to Rs.4,70,000/-.

¶8The enhanced amount shall carry 6% interest from the date of institution of claim petition till the amount is paid. The respondent 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 certified copy of this order.

¶9For the reasons given above, the appeal is partly allowed and the award is modified to the extent indicated above. Order Date :- 2.11.2023 NS High Court of Judicature at Allahabad