Smt. Rajo vs Surendra Pal Singh
2021 Latest Caselaw 2641 MP

                           -( 1 )-       MA No. 1279/2012
      Smt. Rajo and others vs. Surendra Pal Singh & Others

             HIGH COURT OF MADHYA PRADESH
                   BENCH AT GWALIOR

                               (Single Bench)

                 MISC. APPEAL NO. 1279 OF 2012

Smt. Rajo & Others                                  ..... APPELLANTS
                                    Versus
Surendra Pal Singh & others                          .....RESPONDENTS

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CORAM

           Hon. Shri Justice Rajeev Kumar Shrivastava

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Appearance

        Shri H.K.Goyal, learned counsel for the Appellants.
        Shri B.K.Agarwal, learned counsel for the Respondent
No.3-Insurance Company.
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Whether approved for Reporting :                     No


                             JUDGMENT

(Passed on 23rd June, 2021)

Assailing the award dated 24.07.2012 passed by

Additional Judge to Second Motor Accident Claims Tribunal (Fast

Track), District Datia in Claim Case No. 11/2011, 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.

-( 2 )- MA No. 1279/2012 Smt. Rajo and others vs. Surendra Pal Singh & Others

2. It is pertinent to mention here that in the present case the

appellants-claimants had reduced the valuation of the memo of

appeal and confined his prayer before this Court for grant of

compensation to the tune of Rs.2.00 lacs. in addition to the

compensation already awarded by the Claims Tribunal.

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

and in the accident Pradeep 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.

4. 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 accident took place on

10.2.2011, at that time Collector's rate was prevailing as Rs.4125/-

per month but the Tribunal has assumed monthly income of the

deceased only at Rs.3000/- per month. No amount under future

prospect has been awarded and the amount awarded against

conventional heads is very less. Hence, the amount under award

should be enhanced reasonably.

5. Per Contra, learned counsel for the respondent No.3 has

opposed the submissions and have submitted that the Tribunal has

rightly assumed the monthly income of the deceased, as no

-( 3 )- MA No. 1279/2012 Smt. Rajo and others vs. Surendra Pal Singh & Others

documentary evidence regarding monthly income of the deceased

has been produced by the claimants before the Claims Tribunal,

therefore, no interference is required to be made by this Court.

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

accident took place in the year 2011 and at the time of accident the

deceased was 27 years of age. Therefore, in the opinion of this

Court, the Tribunal has appropriately assumed the monthly income

of Rs.3000/-, however, considering the age of the deceased and

other facts of the case, the appellants are entitled to get future

prospect as observed in National Insurance Company Ltd. vs.

Pranay Sethi and others [(2017) 16 SCC 680].

7. In view of the aforesaid discussion, the appellants are entitled to the compensation as under:-

Heads                             Compensation Awarded
Income                            Rs.3000/- per month
Future Prospects                  Rs.1200/- per month (i.e., 40%
                                  of the income)
Deduction towards        personal Rs.1400/- per month (i.e., 2/3 rd
expenditure                       of    the     total    income
                                  (3000+1200)

Total Income after deduction of Rs. 2800/- per month (4200-

personal expenses               1400)

Loss of future income             Rs. 5,71,200/- (Rs.2800 x 12 x
                                  17)
Loss of Consortium                Rs. 40,000/-
Loss of Estate, love and Rs. 15,000/-
affection and pain & suffering,
etc.
                                                      -( 4 )-       MA No. 1279/2012

Smt. Rajo and others vs. Surendra Pal Singh & Others

Funeral Expenses Rs. 15,000/-

Total Compensation Payable Rs. 6,41,200/-

8. The Claims Tribunal has awarded compensation of Rs.4,25,500/-. Thus, the appellants-claimants are held entitled to receive enhanced amount of Rs.2,15,700/- in addition to the amount of compensation already awarded by the Claims Tribunal, making the total compensation of Rs.6,41,200/-.

9. Learned counsel for the insurance company has submitted that the appellants have confined his prayer for grant of compensation to the tune of Rs.2,00,000/-, but in my opinion, the amount so awarded by this judgment is just and proper in the facts and circumstances of the present case, hence the contention put forth by learned counsel for the insurance company has no force.

10. The enhanced amount shall carry interest @ 8% 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.

11. In the facts of the case, the parties are directed to bear their own costs.

                                                              (Rajeev Kumar Shrivastava)
(yog)                                                                    Judge.




                                YOGESH VERMA
                                2021.06.24
             VALSALA
             VASUDEVAN
             2018.10.26
             15:14:29 -07'00'
                                12:05:00 +05'30'