Smt.Kalpana Jain vs Ajjan Singh
2022 Latest Caselaw 15910 MP

                                                         01

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT GWALIOR
                        BEFORE
    HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL

              ON THE 1st OF DECEMBER, 2022


              MISC. APPEAL No. 663 of 2010

  Between:-
1. SMT.KALPANA JAIN W/O RAJKUMAR
   JAIN,  AGED    ABOUT   39   YEARS,
   OCCUPATION: HOUSEWORK,R/O MAMA
   KA BAJAR,IN FRONT OF KADAM SAHAB
   KE    BADA,   LASHKAR,    GWALIOR
   (MADHYA PRADESH)

2. RAJKUMAR JAIN S/O SHRI DINDAYAL
   JAIN, AGED    ABOUT   39  YEARS,
   OCCUPATION: NOTHING R/O MAMA KA
   BAZAR KADAM SAHAB KE BADE KE
   SAMNE LASKAR GWALIO (MADHYA
   PRADESH)

3. KU.NISHA JAIN D/O SHRI RAJKUMAR
   JAIN,  AGED   ABOUT   18  YEARS,
   OCCUPATION: STUDENT R/O MAMA KA
   BAZAR KADAM SAHAB KE BADE KE
   SAMNE LASHKAR GWL (MADHYA
   PRADESH)

4. NIKHIL JAIN S/O RAJKUMAR JAIN ,
   AGED ABOUT 16 YEARS, OCCUPATION:
   U/G MOTHER SMT.KALPANA R/O MAMA
   KA BAZAR KADAM SAHAB KE BADE KE
   SAMNE LASHKAR GWL (MADHYA
   PRADESH)
                                             .....APPELLANT
  (SHRI B.D. VERMA, ADVOCATE FOR APPELLANT)
                                                                     02


   AND

1. AJJAN   SINGHS/O   PANJAB   SINGH
   KUSHWAH, OCCUPATION: HOUSE OF
   KUSHWAH,GIRWAI,BAHODAPUR,
   GWALIOR (MADHYA PRADESH)
2. I.T.M. COLLEGE GRAM SITHOLI
   DABARA JILA GWALIOR OCCUPATION:
   TH:DIRECTOR I.T.M.COLLEGE GRAM
   DABARA DABARA ROAD,GWALIOR
   (MADHYA PRADESH)
3. ICICI     LOMBARD       GENERAL
   INSURANCE COM.LTD.TH:DIVISIONAL
   MANAGER        CITY       CENTER
   OCCUPATION: GWALIOR (MADHYA
   PRADESH)

                                                  ....RESPONDENTS
   (SHRI SHRINIWAS         GAJENDRAGADKAR,         ADVOCATE       FOR
   RESPONDENT NO.3)

       This appeal coming on for hearing this day, the court passed the
following:

                            JUDGMENT

Aggrieved by the award passed by Motor Accident Claims Tribunal Gwalior in Claim Case No.59/2009 on 29.01.2010, claimants have filed this appeal.

Present appeal has been filed on the ground that the compensation awarded by the learned Tribunal is inadequate and the same in on lower side. Learned tribunal applied multiplier on the age of mother and father of deceased whereas it should be on the age of deceased and liability to pay compensation be fastened

on respondent No.3- Insurance Company. Hence, prayer is made for enhancement of compensation by allowing present appeal.

Learned counsel for the Insurance Company contends in support of the findings of the Claims Tribunal and submits that the compensation as awarded by the impugned award appears to be just and reasonable, however, interference by this Court for enhancement of the compensation is not warranted.

After hearing learned counsel for both the parties and looking to the present state of inflation and price rise, this court is inclined to assess the income of deceased as Rs.5000/-. Thus, the annual income of deceased would be Rs.60,000/-, in the light of the decision of the Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16 SCC 680, looking to age of deceased, appellants are entitled to addition of 40% towards future prospects. After addition of future prospects, total amount comes to Rs. 84000/-, deducting 1/2 towards personal expenses, the figure comes out to Rs.42,000/-, looking to the age of deceased applying multiplier of 18 in the light of judgment of Hon'ble Apex Court rendered in Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121, total amount comes to Rs. 7,56,000/-, adding Rs.70,000/- under other heads, the total compensation comes to Rs.8,26,000/-.

The appellant-claimant is held entitled to receive the enhanced amount of Rs.4,46,000/- (Rs.8,26,000/- - 3,80,000/-) in

addition to the amount of compensation already awarded by the Claims Tribunal. The respondent No.3-Insurance Company shall liable to pay enhanced amount of Rs.4,46,000/- to the claimants in the light of order passed today in M.A. No.624/2010. The enhanced amount shall carry interest @ 6% from the date of filing of claim application till its realization. Rest of the terms and conditions of the award shall remain as it is. The judgment and award passed by the Tribunal is modified to the extent indicated above.

In view of the forgoing discussion, present appeal succeeds and is hereby allowed in part. Parties are directed to bear their own costs.

The enhanced amount of compensation is in excess to the valuation of present appeal, the difference of the Court fee (if not already paid) shall be deposited by the appellants-claimants within four weeks' from today and proof thereof shall be submitted before the Registry. Thereafter, Registry shall issue the certified copy of the order passed today.

M.A. No.663/2010 stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

YOGENDRA OJHA 2022.12.03 10:22:00 +05'30'