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2025 DAILYLAW 12444 (ALL)

SMT. RUBINA AND OTHERS v. RELIANCE GENERAL INSURANCE CO. LTD. AND OTHERS

FAFO/3967/2011 · 2025-05-16

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82573 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 3967 of 2011 Appellant :- Smt. Rubina And Others Respondent :- Reliance General Insurance Co. Ltd. And Others Counsel for Appellant :- Amit Kumar Sinha Counsel for Respondent :- Sushil Kumar Mehrotra,Vijay Prakash Mishra Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the appellants and learned counsel for the respondents. 2. The present appeal has been filed against the award dated 01.08.2011 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.19, Allahabad MACP No.532 of 2010, whereby the the tribunal has awarded a compensation of Rs.7,75,000/- alongwith 7% interest from the date of institution of claim petition for the death of one Naseem Ahmad in an accident on 27.02.2010. 3. Learned counsel for the appellants has contended that the deceased was aged about 34 years at the time of accident and, therefore, the Tribunal ought to have awarded 40% towards future prospect in view of the judgement of the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others 2017 (16) SCC 680. It is submitted that a very meagre amount of Rs.7000/- has been awarded by the Tribunal towards non pecuniary damages whereas claimants/appellants are entitled to Rs.70,000/- towards the aforesaid head in view of the judgement of Apex Court in the case of Pranay Sethi (supra). Accordingly, it is submitted that the compensation awarded by the tribunal is on lower side and needs enhancement by this Court. 4. Per contra, learned counsel for the respondents has contended that the compensation awarded by the tribunal is just and proper and does not call for any interference by this Court. 5. I have considered the rival submissions of the parties and perused the record. 6. The submission of learned counsel for the claimants/appellants in respect of future prospect and grant of non-pecuniary expenses has got force in view of the judgement of Apex Court in the case of Pranay Sethi (supra) and thus, following the aforesaid judgement of Apex Court, the claimants/appellants are entitled to 40% towards future prospect considering the age of the deceased, and further non-pecuniary damages awarded by the Tribunal is enhanced from Rs.7000/- to Rs.70,000/-. 7. The appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above. The Tribunal is directed to calculate the same in the light of observations made above. It is further provided that the enhanced amount of compensation shall carry 6% interest from the date of institution of claim petition till the amount is paid. The insurance company shall pay the enhanced amount of compensation to the claimants within a period of three months from the date of production of certified copy of this order. 8. No other point has been raised by learned counsel for the appellants. Order Date :- 17.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad