GYAN SINGH YADAV AND ANOTHER v. RAJENDRA KUMAR GUPTA
FAFO/3732/2009 · 2025-05-11
Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49544 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49544 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77338 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3732 of 2009 Appellant :- Gyan Singh Yadav And Another Respondent :- Rajendra Kumar Gupta Counsel for Appellant :- Ram Singh Counsel for Respondent :- Aijaz Ahmad Khan Hon'ble Vipin Chandra Dixit,J.
1. Heard Ms. Deepali Srivastava Sinha, Advocate holding brief of Sri Ram Singh, learned counsel for the claimants-appellants, Sri Aijaz Ahmad Khan, learned counsel appearing on behalf of respondent no. 2 Insurance Company and perused the record. No one is present for respondent no. 1, who is owner of DCM vehicle. 2. This first appeal from order has been filed by the appellants against the judgment and award dated 20.08.2009 passed by Motor Accident Claims Tribunal / Additional District Judge, court No. 5, Fatehpur, in M.A.C.P. No. 101 of 2009 by which compensation of Rs. 77,000/- along with 6% interest has been awarded in favour of claimants-appellants on account of death of Km. Sapna Devi @ Sapna Rani aged about 12 years. 3. It is submitted by learned counsel for the appellant that the compensation awarded by the claims tribunal is too meager. He has placed reliance upon the judgment of Hon'ble Apex Court in the case of Meena Devi vs. Nunu Chand Mahto @ Nemchand Mahto & Ors. reported in 2023 (1) SCC 204 by which, the compensation has been enhanced by Hon'ble Apex Court from Rs. 2,00,000/- to Rs. 5,00,000/- for the death of a young boy aged about 12 years. It is further submitted that the case of the present claimants-appellants is squarely covered with the judgment passed by Hon'ble Apex Court in the case of Meena Devi (supra), as in the present case, the age of the deceased was 12 years. 4. On the other hand, Sri Aijaz Ahmad Khan, learned counsel appearing on behalf of respondent no. 2 Insurance Company has not disputed the aforesaid legal position. 5. Considered the rival submissions of learned counsel for the parties and perused the record. 6. Admittedly, the age of the deceased was 12 years on the date of accident and as such, compensation awarded by the claims tribunal is not appropriate. The claimants-appellants are entitled for compensation of Rs. 5,00,000/- in view of law laid down by Hon'ble Apex Court in the case of Meena Devi (supra). 7.
In view of above, the present first appeal from order is partly allowed. The compensation awarded by the claims tribunal is enhanced from Rs. 77,000/- to Rs. 5,00,000/-. The claimants- appellants are also entitled for interest @ 6% on the enhanced amount from the date of award i.e. 20.08.2009. 8. The respondent-Insurance Company is directed to pay the enhanced amount along with interest within two months from today with liberty to recover the same from the owner of the vehicle. Order Date :- 12.5.2025 Sumit S Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad