Kamlesh Verma v. Krishan Mohan Mishra and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2282 of 2004 Appellant :- Kamlesh Verma Respondent :- Krishan Mohan Mishra And Others Counsel for Appellant :- Ram Singh Counsel for Respondent :- Brijesh Chandra Naik Hon'ble Saral Srivastava,J.

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

¶2The present appeal has been filed by the claimant/appellant for enhancement of award.

¶3In the instant case, the claimant/appellant claimed enhancement of award for the death of a child Vinod Kumar aged about 12 years.

¶4The Tribunal has awarded Rs.1,10,000/- lump-sum amount alongwith 7% interest as compensation to the claimant/appellant.

¶5Challenging the aforesaid award, learned counsel for the claimant/appellant has contended that in the case of Kurvan Ansari alias Kurvan Ali and another Vs. Shaym Kishore Murmu and another (2022) 1 SCC 317, the Apex Court in case of a minor child has awarded compensation of Rs.4,70,000/-. 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 12 years of age and, therefore, no loss of income was suffered by the claimant/appellant and the Tribunal has rightly awarded Rs.1,10,000/- lump-sum as compensation to the claimant/appellant.

¶7The Apex Court in the case of Kurvan Ansari alias Kurvan Ali (supra) has awarded, in case of a minor, Rs.4,70,000/- as compensation and 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.1,10,000/- 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 Insurance Company is directed to pay the enhanced amount of compensation to the claimant/appellant within a period of three months from the date of production of certified copy of this order.

¶9Thus, for the reasons given above, the appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. Order Date :- 17.10.2023 Sattyarth High Court of Judicature at Allahabad