Madhya Pradesh High Court
Smt. Punam vs Irsad Khan on 5 December, 2022
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 5TH OF DECEMBER, 2022
MISC. APPEAL NO. 978 of 2015
Between:-
1. SMT. PUNAM W/O SHRI RAMU
KUSHWAH AGED ABOUT 23 YEARS,
OCCUPATION: NIL RESIDENT OF GOL
PAHADIYA AB ROAD NAVGRAH COLONY
LASHKAR, DISTRICT GWALIOR
(MADHYA PRADESH)
2. KRISHNA S/O LATE SHRI RAMU
KUSHWAH, AGED ABOUT 3 YEARS
(MINOR) U/G MOTHER SMT. POONAM,
RESIDENT OF GOL PAHADIYA A.B. ROAD
NAVGRAH COLONY LASHKAR, DISTRICT
GWALIOR (MADHYA PRADESH)
........APPELLANTS
(SMT. MEENA SINGHAL- ADVOCATE FOR APPELLANTS-
CLAIMANTS)
AND
1. IRSAD KHAN S/O SHRI ABBAS KHAN
CASTE: MUSLAMAN RESIDENT OF
MALAI P.S. UTABAD DIST. FARIDABAD
(HARYANA) - 121 001 (DRIVER TRUCK NO.
HR 55- P-7679)
2. M/S. M/S SOUTH INDIA FRIGHT
CARRIER, 54-20-78 SHRI KANKA DURGA
GAJETTED OFFICER COLONY
VIJAYWADA ANDHRA PRADESH
(ANDHRA PRADESH) THROUGH
2
PROPRIETOR NALA PANENI
NAGESHWAR RAO S/O SHRI BANKTA
SUMAI R/O VIJAYVADA, ANDHRA
PRADESH (OWNER TRUCK NO. HR 55-P-
7679)
3. THE NEW INDIA ASSURANCE COM.
LTD. THROUGH DIVISIONAL MANAGER,
MANDAL KARYALAYA L.I.C. OFFICE KE
PASS, CITY CENTRE, GWALIOR (MADHYA
PRADESH)
........RESPONDENTS
(SHRI NARESH SINGH TOMAR- ADVOCATE FOR
RESPONDENT NO.3- INSURANCE COMPANY)
-------------------------------------------------------------------------------------
The Misc. Appeal coming on for hearing this day, the court
passed the following:
ORDER
Being aggrieved by the impugned Award dated 20-07-2015
passed by Motor Accident Claims Tribunal, Gwalior in Claim Case
No.90 of 2014, the present Miscellaneous Appeal under Section
173(1) of Motor Vehicles Act, 1988 has been preferred by the
appellants claimants for enhancement of compensation amount.
(2) In brief, the facts of case are that on 01-04-2014, deceased Ramu
was going from Gwalior to Karoli on a motorcycle bearing registration
No.MP 07 MT0686 for darshan of Mata Kailadevi and on another
motorcycle, the brother of deceased Narendra Singh and brother-in-
law (Behnoi) Bhagwan Das were also going. At around 12:30 pm,
when the motorcycle of deceased reached near RTO barrier situated at
AB Road, Morena,the driver of offending truck bearing registration
No.HR-55-P-7679 was being driven by respondent No.1 without
giving either any signal or light as well as indicator, rashly and
negligently stopped the truck on the road as a result of which the
motorcycle of deceased was dashed with back of offending truck and
thereafter, the deceased fell down on the ground due to which he
sustained serious injuries on his head and other parts of his body in a
serious condition. Thereafter, the deceased was taken to District
Hospital Morena and he was declared dead by the doctor at the time of
treatment. Postmortem of deceased was conducted and dead body of
deceased was handed over to his family members. On the basis of
information given by witness of the accident (brother of deceased)
Narendra Singh, Crime No.188 of 2014 was registered for offence
under Sections 304-A of IPC and the offending truck was seized and
respondent No.1- driver was arrested. After completion of
investigation and other formalities, challan was filed before competent
Court. After evaluating oral as well as documentary evidence
produced before it, the learned Claims Tribunal has awarded
compensation to the tune of Rs.8,51,000/- in favour of claimants
(appellants herein).
(3) It is the contention of appellants- claimants that the learned
Claims Tribunal assessed the income of deceased to the tune of
Rs.60,000/- pa which is on the lower side, although as per oral and
documentary evidence, the deceased, who was a plumber and only
earning member of his family, was getting Rs.15,000/- pm. The
appellants are wife and minor son and there is no other source of their
livelihood. After applying 2/3 rd dependency, learned Claims Tribunal
has assessed the income of deceased at Rs.1,20,000/- which is on the
lower side. The learned Claims Tribunal has awarded compensation
towards love and affection to the tune of Rs.1 lac which is not just and
proper. The Claims Tribunal has also committed an error in not giving
compensation towards loss of estate.
(4) On the other hand, counsel for the Insurance Company opposed
the contention of the claimants and submitted that as per oral and
documentary evidence available on record, the Claims Tribunal has
rightly assessed the income of deceased and awarded the
compensation accordingly. Therefore, no interference is required.
Hence, prayed for dismissal of this appeal.
(5) Heard the arguments advanced by learned counsel for the
parties and perused the record of Claims Tribunal.
(6) It is not in dispute that deceased Ramu is the husband of
appellant No.1 and the father of appellant no.2 (minor son) who died
in a vehicular accident on 01-04-2014 by the offending truck being
driven by respondent No.1. Respondent No.2 is the owner of the
offending truck and respondent No.3 is the insurer. The learned Claims
Tribunal has assessed the income of deceased as Rs.250/- per day, but
limited his income for 20 days in place of 30 days. In the considered
opinion of this Court, learned Claims Tribunal has committed an error
in including only 20 days income for a month.
(7) So far as compensation towards future prospects is concerned, in
the light of judgment passed in the case of National Insurance
Company Limited vs. Pranay Sethi and Others reported in 2017
(12) SCALE 12, considering the age of deceased the claimants are
entitled for compensation towards future prospects @ 40%. As per the
circular/guidelines issued by MP State Legal Services Authorities,
Claims Tribunal has committed an error in assessing the income of the
deceased as the same is to be calculated to the tune of Rs.7,500/- per
month. Accordingly, the appellants -claimants are entitled for the
following compensation amount:-
1. Yearly income @ Rs.7,500 pm /-x 12 =Rs. 90,000/-
rd
2. Dependency (2/3 ) = Rs. 60,000/-
3. Multiplier of 18 (loss of income) = Rs.10,80,000/-
4. Future prospect (40%) = Rs. 4,32,000/-
5. Other heads = Rs.70,000/-
6. Damage of motorcycle of deceased = Rs. 6,000/-
-----------------------------------------------------------------------------
Total = Rs. 15,88,000/-
(8) The learned Claims Tribunal has already awarded Rs.8,51,000/-
as compensation in favour of claimants. In addition, the appellants
claimants are entitled for compensation to the tune of Rs.7,37,000/-
and the said amount shall carry interest @ 6% per annum in place of
7% per annum as awarded by Claims Tribunal from the date of filing
of claim petition till its realization.
(9) From the appeal memo, it appears that appellants- claimants
have valued the appeal to the tune of Rs. 5 lac and paid the Court fees
accordingly. Therefore, they are directed to pay remaining Court fees
within one month in the Registry.
(10) The impugned Award dated 20-07-2015 passed by Motor
Accident Claims Tribunal, Gwalior in Claim Case No.90 of 2014 is
modified to the extent mentioned above. Appeal stands partly allowed.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
MAHENDRA BARIK
2022.12.07
18:35:20 +05'30'
