Mohan Prasad Sharma vs Randheer Dhakad
2021 Latest Caselaw 1211 MP

                                1
                                             M.A. No. 2238/2020
   (Mohan Prasad Sharma & another Vs. Randheer Dhakad & another)


          HIGH COURT OF MADHYA PRADESH
                BENCH AT GWALIOR

                        SINGLE BENCH:


             Miscellaneous Appeal No. 2238/2020
                Mohan Prasad Sharma & another
                              Vs.
                  Randheer Dhakad & another
                    ********************
CORAM

         Hon. Shri Justice Rajeev Kumar Shrivastava

                    ********************
Appearance

      Shri Manish Sharma, learned counsel for the appellants.
      Shri B.S. Dhakad, learned counsel for respondent No.1.
      Shri Abhishek Mishra, learned counsel for respondent No.2.
                    ********************
Whether approved for reporting : No

                    ********************
Reserved on : 02/03/2021


                      JUDGMENT

(Passed on 01/04/2021)

Assailing the award dated 05/02/2018 passed by Member,

Motor Accident Claims Tribunal, District Guna in Claim Case No.

49/2017, on the point of inadequacy of the compensation, this

appeal has been preferred by the appellants/claimants under

Section 173(1) of the Motor Vehicles Act, 1988.

M.A. No. 2238/2020 (Mohan Prasad Sharma & another Vs. Randheer Dhakad & another)

2. Since the Tribunal has found that the accident has occurred

and in the accident Sunny Sharma has died, therefore, it is not

necessary to narrate the entire facts in detail as to the manner the

accident has occurred, to burden the judgment on the said issues.

This appeal is being decided only on the point of inadequacy of

the compensation.

3. In this appeal, learned counsel for the claimants prayed that

the amount of compensation awarded by the Claims Tribunal is on

lower side. It is submitted that the Tribunal has wrongly assumed

the monthly income of the deceased. No amount of compensation

has been granted towards damages for mental and physical shock,

pain and suffering suffered by the appellants. The Tribunal has

also committed error in awarding the compensation for loss of

estate, funeral expenses and under the head of live and affection.

Hence, the amount under award should be enhanced reasonably.

4. Per Contra, learned counsel for the respondents have

opposed the submissions and have submitted that the Tribunal has

rightly assumed the monthly income of the deceased, therefore, no

interference is required to be made by this Court.

5. On going through the record, it is found that the alleged

accident took place in the year 2010 and at the time of accident,

the deceased was 20 years of age and was a student. Therefore, in

the opinion of this Court, the Tribunal has rightly assumed the

notional income of the deceased as Rs.4,500/- per month. The only

M.A. No. 2238/2020 (Mohan Prasad Sharma & another Vs. Randheer Dhakad & another)

point required for consideration in the present appeal is that the

appellants have been awarded total Rs.60,000/- against the funeral

expenses, loss of estate, love & affection, pain & suffering and

future prospects. This amount can be enhanced in the following

manners:-

              Heads                                   Compensation Awarded
              Loss of consortium                      Rs.40,000/-

Loss of estate, love & affection, Rs.15,000/-

              pain & suffering
              Funeral expenses                        Rs.15,000/-
              Future prospects                        Rs.40,000/-
              Total                                   Rs.1,10,000/-

6. Against the aforesaid amount of Rs.1,10,000/-, the Tribunal

has awarded Rs.60,000/-. Thus, the appellants are entitled to

receive enhanced amount of Rs.50,000/- in addition to the amount

of compensation already awarded by the Claims Tribunal, making

the total compensation of Rs.3,53,000/-. The enhanced amount

shall carry interest @ 7% per annum from the date of filing of

claim petition till the realisation. The said amount be paid within a

period of sixty days from the date of the order passed by this

Court.

7. In the facts of the case, the parties are directed to bear their

own costs.

(Rajeev Kumar Shrivastava) Judge Shubhankar*

SHUBHANKAR MISHRA 2021.04.01 17:27:23 +05'30'