# Rishi Ram Sahu & Anr v. Mahendra Kumar Tripathi & Ors

- **Citation:** (2022) 2 ILRA 740
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-11-26
- **Case number:** First Appeal From Order No. 1716 of 2010
- **Bench:** Syed Aftab Husain Rizvi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rishi-ram-sahu-anr-v-mahendra-kumar-tripathi-ors-47551
- **Pages:** 3

## Headnote

(A) Civil Law - Motor Vehicles Act, 1988 -
Compensation Enhancement - Daughter of
appellants (claimants) - aged about 6 years -
died in accident - filed claim petition before
motor accident claim tribunal - an award of Rs.
2 All. Rishi Ram Sahu & Anr. Vs. Mahendra Kumar Tripathi & Ors.
741
1,07,000/- with 6% per annum interest awarded
- aggrieved by award - filed appeal for
enhancement of the compensation amount .
(Para - 1,2,5)

HELD:-Award enhanced to Rs. 2,25,000/- with
interest @ 7% per annum . Respondent to recalculate
the
amount
of
compensation
accordingly and deposit the difference within 12
weeks
from
today
before
the
tribunal.
Judgment and decree shall stand modified.
(Para - 9,10,11)

Appeal allowed. (E-7)

List of Cases cited:-

## Text

740 INDIAN LAW REPORTS ALLAHABAD SERIES
the
amount
without
producing
the
certificate from the concerned Income- Tax
Authority. The aforesaid view has been
reiterated by this High Court in Review
Application No.1 of 2020 in First Appeal
From Order No.23 of 2001 (Smt. Sudesna
and others Vs. Hari Singh and another)
while disbursing the amount.

10.

Fresh
Award
be
drawn
accordingly in the above petition by the
tribunal as per the modification made
herein. The Tribunals in the State shall
follow the direction of this Court as herein
aforementioned as far as disbursement is
concerned, it should look into the condition
of the litigant and the pendency of the
matter and not blindly apply the judgment
of A.V. Padma (supra). The same is to be
applied looking to the facts of each case.

11. As far as issue of rate of interest is
concerned, it should be 7.5% in view of the
latest decision of the Apex Court in National
Insurance Co. Ltd. Vs. Mannat Johal and
Others, 2019 (2) T.A.C. 705 (S.C.) wherein
the Apex Court has held as under :

"13.
The
aforesaid
features
equally apply to the contentions urged on
behalf of the claimants as regards the rate
of interest. The Tribunal had awarded
interest at the rate of 12% p.a. but the same
had been too high a rate in comparison to
what is ordinarily envisaged in these
matters. The High Court, after making a
substantial enhancement in the award
amount, modified the interest component at
a reasonable rate of 7.5% p.a. and we find
no reason to allow the interest in this
matter at any rate higher than that allowed
by High Court."

13. In view of the above, the appeal is
partly allowed. Judgment and decree
passed by the Tribunal shall stand modified
to the aforesaid extent. The respondentInsurance Company shall deposit the
amount along with additional amount
within a period of 12 weeks from today
with interest at the rate of 7.5% from the
date of filing of the claim petition till the
amount is deposited. The amount already
deposited be deducted from the amount to
be deposited.

14. Record be sent back to court
below forthwith.

15. The amount be disbursed in the
proportion which is ordered by the

16. We are thankful to learned
counsels for the parties for ably assisted the
Court.
----------
(2022)02ILR A740
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 26.11.2021

BEFORE

THE HON'BLE SYED AFTAB HUSAIN RIZVI, J.

First Appeal From Order No. 1716 of 2010

Rishi Ram Sahu & Anr. ...Appellants
Versus
Mahendra Kumar Tripathi & Ors.
 ...Respondents

Counsel for the Appellants:
Sri S.D. Ojha

Counsel for the Respondents:
Sri Shreesh Srivastava

(A) Civil Law - Motor Vehicles Act, 1988 -
Compensation Enhancement - Daughter of
appellants (claimants) - aged about 6 years -
died in accident - filed claim petition before
motor accident claim tribunal - an award of Rs.
2 All. Rishi Ram Sahu & Anr. Vs. Mahendra Kumar Tripathi & Ors.
741
1,07,000/- with 6% per annum interest awarded
- aggrieved by award - filed appeal for
enhancement of the compensation amount .
(Para - 1,2,5)

HELD:-Award enhanced to Rs. 2,25,000/- with
interest @ 7% per annum . Respondent to recalculate
the
amount
of
compensation
accordingly and deposit the difference within 12
weeks
from
today
before
the
tribunal.
Judgment and decree shall stand modified.
(Para - 9,10,11)

Appeal allowed. (E-7)

List of Cases cited:-

1. Kheldas Vs Virendra Singh & ors., 2008 (3)
TAC 875

2. New India Insurance Co. Vs Satendra & ors.,
2007 (1) TAC page 11 SC

3. Manju Devi & anr. Vs Musafir Paswan, 2005
(1) TAC 609 (SC)

(Delivered by Hon'ble Syed Aftab Husain
Rizvi, J.)

1. This first appeal from order has
been filed by the appellants (claimants)
being aggrieved by the judgment and order
dated 8.4.2010 passed by the Motor
Accident Claim Tribunal, Chitrakoot in
Motor
Accident
Claim
Petition
No.
105/70/2008 Rishi Ram Sahu and another
Vs. Mahendra Kumar Tripathi and others.
By the impugned judgment and order an
award of Rs. 1,07,000/- with 6% per annum
interest has been awarded.

2. Claimants have preferred this
appeal
for
enhancement
of
the
compensation amount.

3. Learned counsel for the claimant
submitted that the Hon'ble Apex Court in
Rajendra Singh and others Vs. National
Insurance Company 2020 ACJ 2211 has
awarded a compensation of Rs. 2,95,000/-
for
death
of
a
child.
Taking
into
consideration the view of the Hon'ble
Supreme Court compensation awarded by
the tribunal is insufficient and need to be
enhanced according to proposition led by
the Hon'ble Supreme Court.

4. Learned counsel for the respondent
no. 3 insurance company submitted that in
the facts of the present case, case of Manju
Devi 2005 (1) TAC 609 SC will apply and
the award may be enhanced accordingly.

5. The accident is of 22.11.2008 in
which
daughter
of
the
appellants
(claimants) aged 6 years has died. The
impugned award is dated 8.4.2010. The
tribunal has computed the amount of
compensation relying on the case law
Kheldas Vs. Virendra Singh and others
2008 (3) TAC 875 of Rajasthan High Court
and has observed that in the aforesaid case
law the Rajasthan High Court has held that
for the death of a child upto 5 years of age,
compensation of Rs. 1 lakh should be
awarded. The learned tribunal has also
referred judgment of Hon'ble Supreme
Court in New Inida Insurance Company
Vs. Satendra and others 2007 (1) TAC page
11 SC and has observed that deceased
belongs to a ordinary family, the earning of
his father is Rs. 50/- per day and has
awarded Rs. 1 lakh amount plus Rs. 5000/-
for loss of love and affection and Rs.
2000/- for funeral expenses and this way
has awarded Rs. 1,07,000/- compensation
with 6% per annum interest.

6. In para 5 of the memo of appeal
it is mentioned that Hon'ble Apex Court in
the case of Manju Devi and another Vs.
Musafir Paswan, reported in 2005 (1) TAC
609 (SC) has enhanced the compensation
from Rs. 90,000/- to Rs. 2,25,000/-, in the
742 INDIAN LAW REPORTS ALLAHABAD SERIES
case of death of a boy of aged about 13
years and the case of the appellant is
identical and fully covered with the
judgment of Hon'ble Apex Court and the
appellants
are
also
entitled
for
compensation of Rs. 2,25,000/-.

7. In Manju Devi Vs. Musafir Paswan
(Supra) the Hon'ble Supreme Court has
held that :

"As set out in the Second
Schedule to the Motor Vehicles Act, 1988,
for a boy of 13 years of age, a multiplier of
15 would have to be applied. As per the
Second Schedule, he being a non-earning
person, a sum of Rs. 15,000.00 must be
taken
as
the
income.
Thus,
the
compensation comes to Rs. 2,25,000.00."

8. The case law Rajendra Singh Vs.
National Insurance Company Ltd. and others
(Supra) cited by the learned counsel for the
appellants will not apply in the present case
as in that case the date of the accident was
25.12.2012 and award was passed thereafter.
The amount of compensation was assessed
on the basis of notional income of 36,000/-
per annum and applying a 50% deduction
towards personal expenses with multiplier of
15 the compensation was calculated as Rs.
2,70,000/- and out of which 50% was
deducted towards contributory negligence. A
sum of Rs. 25,000/- was added towards
funeral expenses leaving to a total award of
Rs. 1,60,000/-. The Hon'ble Supreme Court
has held that there was no contributory
negligence of the deceased and deduction on
account of contributory negligence was held
to be unsustainable.

9. In the facts of the present case the
judgment of Manju Devi (Supra) under all
the heads is applicable. Award is required
to be enhanced accordingly.

10. The award is enhanced to Rs.
2,25,000/- with interest @ 7% per annum.

11.

The
appeal
is
allowed
accordingly. Respondent no. 3 will recalculate the amount of compensation
accordingly and deposit the difference
within 12 weeks from today before the
tribunal. The judgment and decree shall
stand modified to the aforesaid extent. The
record, if in this Court, be sent forthwith to
the tribunal with the copy of the judgment
to enable the respondent no. 3-Insurance
Company to deposit the difference.
----------
(2022)02ILR A742
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 03.01.2022

BEFORE

THE HON'BLE DR. KAUSHAL JAYENDRA
THAKER, J.

First Appeal From Order No. 1972 of 2021

M/s New India Assurance Comp. Ltd.
 ...Appellant
Versus
Smt. Usha Taneja & Ors. ...Respondents

Counsel for the Appellant:
Sri Arun Kumar Shukla, Sri Pankaj Bhatia

Counsel for the Respondents:

(A) Civil Law - Motor Vehicles Act, 1988 -
Section
140
-
Liability
to
pay
compensation in certain cases on the
principle of no fault , Section 147 -
Requirements of policies and limits of
liability - negligence - principle of "res
ipsa loquitur" - "the things speak for
itself" - if the the order is not questioned
as to whether the driver was having a
driving licence or not and if it is proved
that the driving licence was there in that