Ram Narain vs New India Assurance Co. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1862

HIMA KOHLI, AHSANUDDIN AMANULLAH
Ram Narain – Appellant
Versus
New India Assurance Co. Ltd. – Respondent

Advocates Appeared:
For the Appellant : Mr. Sharve Singh, Adv. appeared virtually, Mr. Gaurav, AOR
For the Respondent: Mr. Abhishek Gola, Adv., Mr. Viresh B. Saharya, AOR, Mr. Akshat Agarwal, Adv.

Table of Content
1. compensation awarded for loss of a child. (Para 2 , 3)
2. reference to previous case for interest enhancement. (Para 4)
3. assessment of notional income for compensation. (Para 6 , 7)
4. modification of the impugned order. (Para 8 , 9)

JUDGMENT :

1. Leave granted.

2. The appellants-claimants are aggrieved by the order dated 31st January, 2018 passed by the High Court of Judicature at Allahabad allowing the appeal¹[First Appeal from Order No.358 of 2004] filed by them for enhancing the compensation awarded by the Motor Accident Claims Tribunal²[For short ‘the Tribunal’] vide order dated 24th November, 2003 whereby, the Tribunal awarded a sum of Rs.75,000/- (Rupees Seventy five thousand only) in favour of the claimants as compensation for the loss of their nine year old daughter, a student studying in Class IV on the date of the accident i.e. 17th December, 1981, by assessing the notional income of the deceased at Rs.15,000/- (Rupees Fifteen thousand only) p.a.

3. Under the impugned judgment, the High Court has enhanced the compensation payable to the appellants-claimants to a sum of Rs.1,56,000/- (Rupees One lakh fifty six thousand only) and awarded simple interest @ 9%

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