Madhya Pradesh High Court
Smt. Meena vs Nijam Ali on 13 April, 2022
Author: Amar Nath (Kesharwani)
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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
MISC. APPEAL No. 1722 of 2018
HEARD ON THE 25th OF MARCH, 2022
ORDER PASSED ON 13th of APRIL, 2022
Between:-
SMT. MEENA W/O NARAYAN VERMA , AGED ABOUT 40 YEARS,
1. OCCUPATION: HOUSE HOLD 1/6, PARDESHIPURA, INDORE
(MADHYA PRADESH)
SANDEEP S/O NARAYAN VERMA , AGED ABOUT 22 YEARS,
2. OCCUPATION: STUDENT R/O - 1/6, PARDESHIPURA, (MADHYA
PRADESH)
SACHIN S/O NARAYAN VERMA , AGED ABOUT 20 YEARS,
3. OCCUPATION: STUDENT R/O 1/6, PARDESHIPURA, (MADHYA
PRADESH)
.....APPELLANTS
(SHRI ROMIL MALPANI, LEARNED COUNSEL FOR THE APPELLANTS)
AND
NIJAM ALI S/O KASAM ALI OCCUPATION: DRIVER KANDHAR
1.
MOHALLA, UJJAIN (MADHYA PRADESH)
M/S ROYAL CARRIER AND COURIER PRIVATE LIMITED
THROUGH DIRECTOR ISHWARLAL S/O LATE LAXMANDAS
2. SHARMA OCCUPATION: VEHICLE OWNER R/O -43, JAORA
COMPOUND, INDORE- A.H. 48 SENIOR H.I.G., SUKHALIYA,
(MADHYA PRADESH)
NATIONAL INSURANCE COMPANY LTD. ADD. - 13, OLD PALASIA,
3.
A.B. ROAD, (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANOJ KUMAR SONI, LEARNED COUNSEL FOR THE RESPONDENT NO.3)
ORDER
01. This miscellaneous appeal under Section 173 (1) of Motor
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Vehicles Act has been filed challenging the impugned award dated
15.11.2017 passed in claim case No.334/2016 by 7th Additional Motor
Accident Claims Tribunal, Indore by which claim case was partly
allowed and amount of Rs.5,38,000/- with interest of Rs.7% per annum
on the awarded amount from the date of filing of claim case i.e.
18.04.2016 was awarded.
02. The brief facts of the case is that on 11.03.2016 at about 10 a.m.,
the deceased Narayan Singh was going on his motorcycle with due care
at normal speed on road on his correct side. The respondent No.1
(driver) of the offending vehicle - Bus bearing registration No.MP41-
MF-0911 was driving the same rashly and negligently and hit the
motorcycle of the deceased due to which accident took place. Narayan
Singh (husband of appellant No.1 and father of appellant Nos.2 and 3)
suffered serious injuries on various parts of the body due to which he
succumbed to death during treatment. The case was reported to police
station- Manpur, District-Indore.
03. The appellants/claimants challenged the amount of compensation
awarded by the tribunal on the ground that compensation awarded is
meager and on the lower side as regards the future prospects of the
deceased has not been awarded and the learned tribunal should have
allowed the interest @12% per annum on the amount of compensation
whereas the Tribunal has allowed the interest only @7% per annum.
The Tribunal has committed illegality in finding that the claimants are
not entitled for future prospects of the deceased. Hence, compensation
has to be enhanced in light of the judgment delivered by the Hon'ble
Supreme Court in the case of National Insurance Company Limited
Vs. Pranay Sethi and others, (2017) 16 SCC 680.
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04. Learned counsel for the insurance company has supported the
impugned award and submitted that looking to the facts and
circumstances of the case, the amount awarded by the Tribunal is just
and proper and no enhancement is called for and accordingly, prayed
for dismissal of the appeal.
05. Heard and perused the record of Tribunal.
06. Learned 7th Additional, MACT, Indore has assessed the age of
the deceased as 47 years at the time of accident and yearly income
Rs.36,000/-. After 1/3 deduction and applying multiplier of 13, an
award of Rs.5,38,000/- was passed including the conventional heads
namely loss of estate, loss of consortium and funeral expenses
respectively Rs.15,000/- and Rs.40,000/- and Rs.15,000/-. No cross
appeal has been filed by the insurance company against the aforesaid
findings.
07. The appellants have filed the present appeal seeking
enhancement of claim on the point of future prospects in light of the
judgment delivered by the Apex Court in the case of National
Insurance Company Limited (supra).
08. Learned tribunal has discussed regarding future prospects in para
No.26 and 27 of impugned award and concluded that since the
deceased was not a salaried person so in item of future prospects, no
amount could be awarded and placed reliance upon the judgment
delivered in the case of Reshma Kumari Vs. Madan Mohan 2013
ACJ 1253.
09. Finding of Tribunal regarding future prospects is not correct. The
future prospects should be seen as per the principles laid down by the
Apex Court in the case of Hemraj Vs. Oriental Insurance Company
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Ltd and Ors. (2018) 15 SCC 654; Savita and Ors. Vs. Divisional
Manager (2018) 12 SCC 24; and Nagarmal and Ors. Vs. Oriental
Insurance Company Ltd. and Ors. (2018) 3 SCC 130.
10. In the case of Hemraj Vs. Oriental Insurance Company Ltd
and Ors., Hon'ble Apex Court has held in para No.7 that "we are of
the view that there cannot be distinction where there is positive
evidence of income and where minimum income is determined on
guess work in the facts and circumstances of a case. Both the
situation stand at the same footing." So the Tribunal has committed
error in not awarding the amount on the point of future prospects,
whereas the amount should be awarded in the item of future prospects
as per the judgment delivered in the case of National Insurance
Company Limited Vs. Pranay Sethi and others. As per the age i.e.
47 years of deceased at the time of accident, the appellants are entitled
to 30% of the income of deceased for the future prospects.
11. Thus, Rs.54,000+16200=70200/-, after deduction of 1/3 rd
towards personal expenses it comes to Rs.46,800/- (70200-23400). The
multiplier used by tribunal is appropriate. Thus, (46,800x13) amount
comes to Rs.6,08,400/-. The Tribunal has awarded the compensation on
the heads as follow:-
(a) Towards loss of earning :Rs.4,68,000/-
(b) Towards consortium :Rs.40,000/-
(c) Towards funeral expenses :Rs.15,000/-
(d) Towards loss of estate :Rs.15,000/-
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Rs.5,38,000/-
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12. In view of the principles laid down by the Hon'ble Supreme
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Court in the case of National Insurance Company Limited (supra)
and to meet the ends of justice, the compensation awarded by the
Tribunal is substituted and the claimants are entitled for just
compensation as follows:-
(i) towards loss of dependency :Rs.6,08,400/-
(ii) towards conventional heads :Rs.70,000/-
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Rs.6,78,400/-
13. As such, the total amount awarded to the claimants is enhanced
from Rs.5,38,000/- to Rs.6,78,400/- with interest at the rate as fixed by
the Tribunal in the award which is ordered accordingly to be payable to
the claimants as directed by the Tribunal in the same apportionment.
The enhanced amount of compensation Rs.6,78,400-5,38,000/- i.e.
Rs.1,40,400/- (One Lakh Forty Thousand Four Hundred) only shall be
payable to the claimants within 3 months from the date of production
of the certified copy of this order. As discussed, the above appeal
stands allowed to the aforesaid extent and disposed of.
(AMAR NATH (KESHARWANI))
JUDGE
N.R.
Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2022.04.13
19:05:47 +05'30'
