Sri Shiv Kumar Agnihotri v. The National Insurance Compnay Ltd. and Another

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1031 of 2006 Appellant :- Sri Shiv Kumar Agnihotri Respondent :- The National Insurance Compnay Ltd. And Another Counsel for Appellant :- Mohd. Naushad Siddiqui Counsel for Respondent :- Komal Mehrotra 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 appellant challenging the award dated 08.12.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Kanpur Nagar in C.P. No.883/2002.

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

¶4The Tribunal has awarded Rs.1,35,000/- lump sum along with 6% interest.

¶5In 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.

¶6Challenging 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 (2022) 1 SCC 317, the Apex Court has awarded compensation of Rs.4,70,000/- in case 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.

¶7Per contra, learned counsel for the respondents has contended that the deceased was 12 years of age and, therefore, no loss of income was suffered by the claimant/appellant and the Tribunal has rightly awarded Rs.1,35,000/- lump sum as compensation to the claimant/appellant.

¶8The 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.1,35,000/- to Rs.4,70,000/-.

¶9The enhanced amount of compensation 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.

¶10For the reasons given above, the appeal is partly allowed and the award is modified to the extent indicated above. Order Date :- 30.10.2023 R.S. Tiwari High Court of Judicature at Allahabad