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2023 Supreme(All) 901

IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Smt. Urmila Chaturvedi and Another - Appellants
Versus
Ismil Khan and Others - Respondents
First Appeal From Order No. 2482 of 2003
Decided On : 12-05-2023

Advocates Appeared:
For the Appellant : M.P. Sarraf, Gulrez Khan, Kartikeya Saran, Pervez Husain Khan, Satish Chandra Dubey.
For the Respondent: Jyotsna Srivastava.

Headnote:

Motor Vehicle Act, 1988 – Section 173 – U.P. Motor Vehicles Rules, 1998 – Rule 220-A (3) – Uttar Pradesh Motor Vehicles (Eleventh Amendment) Rules, 2011 – Enhancement of compensation awarded – Motor Accident Claims – Contributory negligence – Held, Court think it seemly to fix reasonable sums – It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should respectively – Principle of revisiting said heads is an acceptable principle – But revisit should not be fact-centric or quantum-centric – Court think that it would be condign that amount that court have quantified should be enhanced on percentage basis in every three years and enhancement should be at the rate of 10% in a span of three years – Courtare disposed to hold so because that will bring in consistency in respect of those heads – Appeal allowed in part.

JUDGMENT :

1. This is a claimants' appeal under Section 173 of the Motor Vehicle Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jhansi in the case of a fatal motor accident.

2. The claim petition, being M.A.C.P. No.315 of 2000, was instituted by Smt. Urmila Chaturvedi, widow of the late S.K. Chaturvedi and Raj Kumar Chaturvedi, son of the late S.K. Chaturvedi, seeking compensation on account of the demise of Sanjay Chaturvedi, who died in a road accident in the night intervening 25/26.07.2000. Smt. Urmila Chaturvedi is the deceased's mother whereas Raj Kumar Chaturvedi is his brother. Smt. Urmila Chaturvedi was arrayed as claimant-petitioner No.1 before the Tribunal and is appellant No.1 before this Court. Raj Kumar Chaturvedi was claimant-petitioner No.2 before the Tribunal and is appellant No.2 before this Court. Smt. Urmila Chaturvedi and Raj Kumar Chaturvedi shall hereinafter be referred to as 'the claimants', unless the context requires a different or individual reference.

3. According to the claimants, in the intervening night 25/26.07.2000 at about half past one, Raj Kumar Chaturvedi was travelling with his brother and one Ankur Lal on board Maruti Car No. UP-93G-0711 from Kanpur to Jhansi. They were bound homewards. The Car was driven by the late Sanjay Kumar Chaturvedi. He was moving on his side according to the rule of the road. As the Car reached near Village Semari, within the local limits of Police Station Moth, District Jhansi, a Truck, bearing registration No. MP-08A-6294, approached from the Jhansi side of the road, driven by its driver at a high speed, negligently and wantonly. The Truck, swerving to the wrong side of the road, hit the Car head on, but on its right side. The impact caused Sanjay and Raj Kumar Chaturvedi, claimant No.2 to sustain grievous injuries. The other passenger on board, Ankur Lal suffered simple injuries. Ankur Lal informed the deceased's home on telephone about the accident. This led members of the deceased's and the injured-claimant's family to reach the spot and conveyed both of them to the Medical College at about half past six in the morning. The two were taken to the emergency facility, where the deceased, who was then alive and the second claimant, Raj Kumar Chaturvedi, were admitted. Both were examined and were in a precarious condition. The family members, finding that the two injured were not receiving suitable treatment and care, moved them to the Sudha Nursing Home. Sanjay was managed at the Sudha Nursing Home until 04.08.2000, when at 7.30 in the evening hours, he was conveyed to the Nirmal Hospital for surgery. During the surgical procedure to take care of certain haemorrhagic injuries in his abdomen, he breathed his last. The second claimant, Raj Kumar Chaturvedi was discharged from the Sudha Nursing Home on 10.08.2000 with plaster cast to his injured limb. It is said that Sanjay Chaturvedi was a healthy man and would earn a sum of Rs.6000/- per month, teaching at the Rajeev Coaching Centre. He would spend the money earned to meet the needs of his family.

4. It is the claimants' case that Smt. Urmila Chaturvedi's husband and Raj Kumar Chaturvedi's father had died an untimely death on 06.04.2000. He was employed as an Executive Engineer with the U.P. Power Corporation Limited. The late Sanjay Chaturvedi had applied for appointment on compassionate grounds and his claim had been accepted. The U.P. Power Corporation Limited had completed the necessary formalities. Sanjay Chaturvedi was on way to be appointed as an Assistant Engineer. He was awaiting his letter of appointment as such with the Parichha Thermal Power Project. Upon appointment to the said post, he would receive initially a salary of Rs.14,750/- per mensem. The claimants have been deprived of the benefits of the said appointment and ought to be compensated on that ba

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