High CourtsDivision Bench(2004) 10 AHC CK 0182

United India Insurance Company Limited vs Madhu and Others

Allahabad High Court · Decided on 6 October 2004 · Citation: (2005) 3 ACC 20

HON’BLE JUDGES
V.S. Bajapai, J · Tatindra Singh, J
RESULT
Partly Allowed

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Judgment

4 paragraphs · 178 words
1.

Sri Neeraj Kumar met with an accident on 11.1.1997. He succumbed to his injuries. His parents filed the claim petition. That has been partly allowed on 29.7.1999. Hence the present appeal.

2.

We have heard Mr. Arvind Kumar, Counsel for the appellant-Insurance Company and Mr. J.S. Audichya, Counsel for the respondents.

3.

The deceased was 17 years of age. He had no earning and as such his notional income should have been taken i.e., Rs. 15,000/- per annum. The deceased was unmarried so Rs. 5,000/- should be taken as his contribution to the family. In view of the age of the deceased multiplier of 16 ought to have been used. Thus the claimants are entitled to Rs. 80,000/ as compensation and Rs. 2,000/- for funeral expenses. The claimants are entitled to Rs. 82,000/- as compensation. The claimants are also entitled 9% interest from the date of filing of the claim petition till actual payment.

4.

In view of this, the appeal is partly allowed. The amount deposited here may be remitted to the Court below for adjustment.