IRMA SIDDIQUI Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE three first appeals from order have been filed against the composite award dated 14th August, 1978 given by District Judge, Banda in Motor Accident Claim Petition Nos. 33/70 of 1977, 36/70 of 1977 and 40/70 of 1977 whereby a sum of Rs. 1,19,467/-was awarded to the claimants in the aforesaid three claim petitions as compensation consequent upon the death of Sri Rais Ahmad, Executive Engineer, Ken Canal Division Banda on 22nd May 1977 caused in an accident which took place at about 12.20 A.M. in the night between 20th and 21st May 1977 at Shukul Kuwan, Banda-Chilla road near about two miles from Banda, Claim Petition No. 33/70 of 1977 had been filed by Km. Irma Siddiqui, daughter and Smt. Sajda Begum widow of the deceased. Claim petition No. 37/70 of 1977 had been filed by Smt. Atikun Nisan, mother of the deceased, whereas claim petition No. 40/70 of 1977 had been filed by Smt. Razia Siddiqui another widow of the deceased. Out of the total compensation of Rs. 1,19.467/- a sum of Rs. 10,000/- was awarded to Smt. Atikun Nisan, Rs. 40,000/- to Km. Irma Siddiqui, Rs. 40,975/- to Smt. Razia Siddiqui and Rs. 20,439/- to Smt. Sajda Begum aggrieved by the award aforesaid the State of Uttar Pradesh to which the jeep belonged, by which the accident resulting in the death of Rais Ahmad Siddiqui was caused, along with some officers of the State Government of Uttar Pradesh preferred three first appeals from order in this Court. The first appeal from order filed against Smt. Razia Siddiqui was numbered as 608 of 1978 that which was filed against Km. Irma Siddiqui and Smt. Sajda. Begum numbered as 609 of 1978 and the one against Smt. Atikuu Nisan was numbered as 42 of 1979. A fourth first appeal from order was filed by Km, Irma Siddiqui and Smt. Sajda Begum which was numbered as 593 of 1978. A cross-objection has also been filed by Smt. Razia Siddiqui in first appeal from Order No. 608 of 1978.

(2.) THE First Appeal From Order No. 42 of 1979 filed by the State of Uttar Pradesh against Smt. Atikun Nisan was dismissed by this Court on 21st December 1981, for non-prosecution inasmuch as Smt. Atikun Nisan was not served with the notice of the appeal and no steps to serve her, notwithstanding time having been granted with a stop order, were taken. The result of the award appealed against wherein has been held that the dismissal of First Appeal From Order No. 42 of 1979 is that the award appealed against wherein it has been held that the accident was caused on account of the rash and negligent driving of the driver of the jeep and the total amount of compensation has been determined at Rs. 1,19,467/- has become final. In case the First Appeal From Order Nos. 608 and 609 filed by the State of Uttar Pradesh are now allowed it will result in two sets of inconsistent decrees. One passed on the basis of the award of First Appeal From Order No. 42 of 1979 allowing Rs. 1,19,467/- as compensation against the State of Uttar Pradesh and the other that may be passed in these two first appeals from order allowing a lesser amount or no amount of compensation against it. In our opinion these two first appeals from order have on account of the dismissal of first appeal from order No. 42 of 1979 have become improperly constituted and deserve to be dismissed on this ground alone. In First Appeal From Order No 593 of 1978 filed by Km Irma Siddiqui and Smt. Sajda Begum and the cross objection filed by Smt. Razia Siddiqui a prayer for enhancement of the total amount of compensation of Rs. 1,19,467/- awarded by the Tribunal has been made.

(3.) IT was then urged that 33 per cent deduction in lieu of lump sum payment is excessive. In this connection it has been brought to our notice that in some cases deductions of 25 per cent and 30 per cent alone were made for lump sum payment. A conspectus of the various authorities on the point indicates that no hard and fast rule has been laid down in the matter of determination of the percentage of deduction which is to be applied in lieu of lump sum payment. There are cases including cases of this Court where 33 per cent of deduction has also been made. Reference in this connection may be made to Neelima Arora v. Union of India AIR 1978 All. III and Brij Kali Devi v. Ramchand .