SMT. RANI DEVI AND 8 OTHERS v. UNION OF INDIA THRU SECY. MIN. OF DEFENCE
FAFO/2279/2017 · 2025-05-29
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44760 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44760 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93996 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2279 of 2017 Appellant :- Smt. Rani Devi And 8 Others Respondent :- Union Of India Thru Secy. Min. Of Defence Counsel for Appellant :- Neerja Singh,Sharve Singh Counsel for Respondent :- Rajesh Tripathi Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the appellants and Sri Rajesh Tripathi,
learned counsel for the respondents. 2. The claimants/appellants being dissatisfied with the quantum of compensation have preferred the present appeal with a prayer for enhancement of compensation. 3. Learned counsel for the claimants/appellants has contended that the Tribunal has erred in applying the multiplier of 5 whereas considering the age of the deceased, Tribunal should have applied the multiplier of 7 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 in computing the compensation. It is submitted that a very meagre amount of Rs.6000/- 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 National Insurance Company Limited Vs. Pranay Sethi and Others 2017 (16) SCC 680. Lastly, it is submitted that that the Tribunal has erred in law in awarding the interest on the amount of compensation from 05.10.2016 till the date of its payment. 4. Per contra, learned counsel for the respondents submits that compensation awarded by the Tribunal is just and proper. 5. I have considered the rival submissions of the parties and perused the record. 6. The submission of learned counsel for the claimants/appellants with regard to wrong application of multiplier is supported by the judgement of 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 7 instead of 5. 7. The submission of learned counsel for the claimants/appellants in respect of 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, claimants/appellants are entitled to Rs.70,000/- instead of Rs.6000/- towards non-pecuniary damages. 8. It is also provided that the enhanced amount of compensation shall carry the interest from the date of institution of claim petition till the date of its payment. 9. Thus, for the reasons given above, the appeal is partly allowed and the award of the Tribunal is modified to the extent indicated above.
The 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 a certified copy of this order. There shall be no order as to costs.
Order Date :- 30.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad