Court of Karnat aka at Bengaluru in t he vs Dilipkum ar M.A. and anot her in M.F.A.

Mr. Kum ar Arvind Advocat e for t he appellant s. Sharm a, Mr. Siddhart ha Bisht , Advocat e for t he respondent no.1. t he am ount awarded by This Appeal from Order has been 2. filed by t he claim ant s for enhancem ent learned M.A.C.T./ I st Addit ional Dist rict Judge, Kashipur, Dist rict Udham Singh Nagar vide order dat ed 10.06.2022 passed in M.A.C.P. No. 33 of 2020. bearing t he m idnight of 17.01.2020, Fact s of t he case, in brief, are t hat , 3. t he t he claim ant / respondent husband of no.1, nam ely, Ravi Kum ar Dogra alongwit h his relat ive Daan Singh was com ing from Kashipur t o Jait pur Ghosi on regist rat ion a m ot orcycle, no.UK04- F- 5263; t hat as t hey reached t he Bahla Bridge on Baj pur Road, a lit t le beyond t he I .T.I . Police St at ion, Ravi Kum ar st opped t he m ot orcycle in order t o urinat e; t hat a Truck, bearing regist rat ion No.U.P.21- B.N.- 1586, which was driven by t he driver at a high speed, recklessly cam e t here from Baj pur side and collided wit h t he m ot orcycle, due t o which Ravi Kum ar Dogra and Daan Singh sust ained and, ult im at ely, bot h of t hem succum bed t o deat h. grievous inj uries Learned counsel for t he appellant 4. subm it s t hat , at t he t im e of incident , t he salary of Ravi Kum ar Dogra ( deceased) / husband of claim ant no.1 was ₹14,000/ - per m ont h, however, learned Tribunal has erred in considering t he salary of t he deceased as ₹12,442.80 per m ont h. He furt her subm it s fut ure prospect s t hat have not been awarded t o t he claim ant s as per t he law. I n order t o but t ress his t he argum ent , learned placed appellant a rendered by Hon’ble High j udgm ent Court of Karnat aka at Bengaluru in t he case of Chandrakala and anot her Vs. Dilipkum ar M.A. and anot her in M.F.A. No.1662 2023, 02.07.2024. reliance decided counsel cont ra, learned counsel 5. Per appearing for t he I nsurance Com pany subm it s t hat t he salary of t he deceased was ₹12,442.80 per m ont h, which was proved by t he Secret ary of Madhya Ut t ar Pradesh Suraksha Guards Shram ik Ut t han Shram Cont ract Sam it i Lt d., Gaj raula and he has t he deceased was also proved em ployed t heir Sam it i as Firem an at I .G.L. Fact ory Kashipur. t hat t hrough Punarvas Sahakari appellant , learned counsel t he 6. Heard part ies and perused t he record. The j udgm ent rendered by Hon’ble Karnat aka High Court , relied on by t he learned counsel t he dist inguishable on fact s. A Const it ut ion Bench of Hon’ble Suprem e Court in t he I nsurance Com pany case of “ Nat ional Lim it ed Vs. Pranay Set hi & ot hers, report ed in ( 2017) 16 SCC 680, has laid for det erm ining down clear guidelines com pensat ion in m ot or accident claim s. t he The Court held t hat t he deceased com pensat ion, part icularly for deciding t he appropriat e m ult iplier. Paragraph t he age of in calculat ing is crucial no.59.4 of t he said j udgm ent is ext ract ed below: “ 59.4. I n case t he deceased was self- em ployed or on a fixed salary, an addit ion of 40% of t he est ablished incom e should be t he warrant where t he deceased was below t he age of 40 years. An t he deceased was addit ion of 25% where bet ween t he age of 40 t o 50 years and 10% where t he deceased was bet ween t he age of 50 t he t o 60 years should be necessary m et hod The est ablished incom e m eans t he incom e m inus t he t ax com ponent .” regarded as com put at ion.

7. Adm it t edly, t he age of t he deceased at t he t im e of incident was 35 years and t he learned Tribunal has right ly awarded 40% of t he est ablished incom e as fut ure prospect s, as laid down by Hon’ble Apex Court in t he case of Nat ional I nsurance Com pany Lim it ed Vs. Pranay Set hi & ot hers ( supra) . I n view of t he guidelines issued by 8. Const it ut ion Bench of Hon’ble Suprem e Court , learned t he order passed by Tribunal does not suffer from any infirm it y, which m ay warrant int erference by t his Court .

9. Accordingly, t he Appeal from Order fails and is dism issed. ( A l o k M a h r a , J.)

18.09.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL