Pradeep Kumar and Others v. Subodh Pal Singh

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 888 of 1999 Appellant :- Pradeep Kumar And Others Respondent :- Subodh Pal Singh Counsel for Appellant :- Madhav Jain Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellants and Sri Anubhav Sinha, learned counsel for the respondents.

¶2The claimants/appellants being dissatisfied with the quantum of compensation has preferred the present appeal with a prayer for enhancement of compensation.

¶3It is contended that no amount towards future prospect has been awarded to the claimants/appellants whereas they are entitled to 25% 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. It is further submitted that considering the dependents upon the deceased, in view of the judgment of the Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and others 2009 (6) SCC 121, tribunal should have deducted 1/5th towards personal expenses of the deceased. Lastly, it is further submitted that the Tribunal has erred in applying the multiplier of 13 whereas considering the age of the deceased, the Tribunal should have applied the multiplier of 14 in view of the judgment of the Apex Court in the case of Sarla Verma (supra) in computing the compensation.

¶4Per contra, learned counsel for the respondents submits that compensation awarded by the Tribunal is just and proper and does not call for any interference by this Court in appeal.

¶5I have considered the rival submissions of the parties and perused the record.

¶6The submission of learned counsel for the appellants/claimants in respect of future prospect has got force. Thus, following the aforesaid judgment of Apex Court in the case of Pranay Sethi (supra) and considering the age of the deceased, claimants/appellants are entitled to 25% towards future prospect.

¶7The submission of learned counsel for the claimants/appellants with regard to deduction of 1/5th towards personal expenses of the deceased in view of the judgment of Apex Court in the case of Sarla Verma (supra) has got substance. Thus, considering the dependents upon the deceased, it is provided that 1/5th should be deducted towards personal expenses of the deceased from the income of the deceased for computation of compensation.

¶8The submission of learned counsel for the claimants/appellants with regard to wrong application of multiplier has got force in view of the judgment of the Apex Court in the case of Sarla Verma (supra) and thus, it is provided that entire amount of compensation should be computed by applying the multiplier of 14 instead of 13.

¶9It 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.

¶10For the reasons given above, the appeal is partly allowed and award of the Tribunal is modified to the extent indicated above. 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. There shall be no order as to cost. Order Date :- 9.11.2023 R.S. Tiwari High Court of Judicature at Allahabad