Raghuveer vs Manish Sharma
2022 Latest Caselaw 16253 MP

                                                   01

IN THE HIGH COURT OF MADHYA PRADESH

                AT G WA L I O R
                      BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL

          ON THE 8th OF DECEMBER, 2022

            MISC. APPEAL No. 5309 of 2018

BETWEEN:-
NATIONAL INSURANCE COMPANY LTD.
DIVISIONAL MANAGER DIVISIONAL
OFFICE NO. 2, SDM ROAD (MADHYA
PRADESH)
                                      .....PETITIONER
(SHRI BADRI   NATH   MALHOTRA-ADVOCATE      FOR   THE
APPELLANT)

AND
   RAGHUVEER S/O PARMA SHAKYA,
   AGED ABOUT 35 YEARS, BASANT
1.
   NAGAR WARD NO. 3, JOURA
   (MADHYA PRADESH)
   RAJKUMAR     S/O   RAGHUVEER
   SHAKYA, AGED ABOUT 17 YEARS,
2. OCCUPATION: MINOR UG BASANT
   NAGAR WARD NO 3 JOURA DISTT
   MORENA (MADHYA PRADESH)
   SONU S/O RAGHUVEER SHAKYA,
   AGED     ABOUT   15    YEARS,
3. OCCUPATION: MINOR UG BASANT
   NAGAR WARD NO 3 JOURA DISTT
   MORENA (MADHYA PRADESH)
4. JATIN S/O RAGHUVEER SHAKYA,
   AGED     ABOUT    11    YEARS,
   OCCUPATION: MINOR UG BASANT
                                                       02

   NAGAR WARD NO 3 JOURA DISTT
   MORENA (MADHYA PRADESH)
   AWADESH S/O ROSHAN GOSWAMI
5. BHAGROLI    PS     JOURA   TEHSIL
   KAILARAS (MADHYA PRADESH)
   MANISH SHARMA S/O BHARAT LAL
6. SHARMA MAI P. S. AND TEHSIL JOURA
   MORENA (MADHYA PRADESH)
                                       .....RESPONDENTS
(SHRI DEVENDRA KUMAR       SHARMA-ADVOCATE    FOR   THE
RESPONDENTS NO. 1 AND 2.


                           &


            MISC. APPEAL No. 1756 of 2019

BETWEEN:-
   RAGHUVEER      S/O    PARMA
   SHAKYA, AGED ABOUT 35 YEARS,
1.
   BASANT NAGAR WARD NO. 3
   JAURA (MADHYA PRADESH)
   RAJKUMAR S/O RAGHUVEER
   SHAKYA, AGED ABOUT 17 YEARS,
2. OCCUPATION: MINOR UG BASANT
   NAGAR WARD NO 3 JAURA DISTT
   MORENA (MADHYA PRADESH)
   SONU S/O RAGHUVEER SHAKYA,
   AGED     ABOUT    15   YEARS,
3. OCCUPATION: MINOR UG BASANT
   NAGAR WARD NO 3 JAURA DISTT
   MORENA (MADHYA PRADESH)
   JATIN S/O RAGHUVEER SHAKYA,
   AGED     ABOUT     11  YEARS,
4. OCCUPATION: MINOR UG BASANT
   NAGAR WARD NO 3 JAURA DISTT
   MORENA (MADHYA PRADESH)
                                         .....PETITIONER
                                                                   03

(SHRI DEVENDRA KUMAR            SHARMA-ADVOCATE          FOR   THE
APPELLANTS)

AND
   MANISH SHARMA S/O BHARAT
   LAL SHARMA MAHI POLICE
1.
   STATION AND TEHSIL JOURA
   (MADHYA PRADESH)
   AWDESJ S/O ROSHAN GOSWAMI
   BHAGROLI   POLICE   STATION
2.
   JAURA TEHSIL KAILARAS MP
   (MADHYA PRADESH)
   BRANCH MANAGER NATIONAL
   INSURANCE   COMPANY     LTD.
3. INFONT OF HARIRAJ TALKIES
   DISTT    MORENA    (MADHYA
   PRADESH)
                                               .....RESPONDENTS
(SHRI BADRI NATH MALHOTRA-ADVOCATE RESPONDENT [R-3].

      This appeal coming on for hearing this day, the court

passed the following:

                           JUDGMENT

By this common order, MA No.1756/2019 filed by appellants/claimants and M.A. No.5309/2018 filed by Insurance Company are decided and this common order shall govern the disposal of these two appeals. As the facts of these two appeals are same and they are arising out of common Award dated 31.08.2018 passed in Motor Accident Claim Case No.05/2017 by First Additional Motor Accident Claims Tribunal, Joura, District Morena, therefore, they are heard analogously.

Brief facts of the case are that on fateful day i.e. 22.11.2016

at about 4.00 pm deceased along with her husband was going on foot towards their residence Basant Nagar Joura, at that time, a car bearing registration No.M.P.06 CA 1552 driven by respondent No.2, in the ownership of respondent No.1 and insured with respondent No.3, rashly and negligently came from back side and dashed the deceased, due to which, she got severe injuries. She was brought to the Joura Hospital where she died. Offence was registered at P.S. Joura at Crime No.672/2016. After investigation, charge sheet has been submitted. Deceased besides house lady used to do the job of labourer and animal husbandry by which she used to earn Rs.15,000/- per month and helped her family to run. Due to her death, they are suffering problems to run home affairs and financial loss. They filed an application under Section 166 of Motor Vehicles Act seeking compensation due to death of deceased in motor accident. The Insurance Company in their reply has stated that respondent No.2 was not having a effective and valid licence. They have not informed regarding accident to the company. Besides this, FIR was lodged by 21 days delayed.

From side of appellants/claimants evidence of claimants and one Sarman Shakay has been adduced.

In rebuttal, no evidence has been adduced by the Insurance Company. Learned Tribunal by reviewing the aforesaid evidence, by taking into account, the age of the deceased as 40 years deducting 3/4th of personal expenses, taking into account the income of Rs.5000/- per month and by applying the multiplier of

15 passed an award to the tune of Rs.7,30,000/-.

Learned counsel for the appellants/claimants submitted that learned tribunal erred in assessing the income of the deceased as Rs.5000/-. As per SALSA guidelines, it should be Rs.6950/-. Accordingly, award be enhanced.

As regard M.A. No.5309/2018, learned counsel for the Insurance Company has vehemently opposed the contentions canvassed by learned counsel for the appellants on the ground that offending vehicle after a long period of 21 days of the incident was falsely implicated in the case only to get compensation.

So far as the contention of the insurance company is concerned, from the record it appears that the alleged accident took place on 22.11.2016 and the FIR of the incident has been lodged against the driver of the offending vehicle and the deceased died on the way while bringing to the hospital and the witness to the accident has supported the case, therefore, the contention of the insurance company is misconceived and is hereby rejected.

In view of aforesaid, M.A. No.5309/2018 is dismissed. So far as appeal filed by the claimants (M.A.No.1756/2019) is concerned, at the time of accident i.e. on 22.11.2016 as per SALSA guidelines, since the deceased was an unskilled labourer therefore, her income is assessed to be at Rs.6950/-. But the learned tribunal has wrongly assessed her income at Rs.5000/- per month. Hence, award is amended by assessing the income of the

deceased at Rs.6950/- per month.

In view of the aforesaid, the award passed by the learned claims tribunal is modified to the extent in following manner:-

Income                              Rs.6950/-
Future prospect 40%                 Rs.2780/- per month (i.e. 40% of
                                    the income
Personal expenses 1/4               Rs.2432/- per month (i.e. ¼ of the
                                    total income (6950+2780)

Total income after deduction of Rs.7298/- per month (9730-2432) personal expenses

Loss of future income Rs. 13,13,640/- (Rs.7298x12x15) Total compensation payable Rs.13,13,640/-

In view of the forgoing discussion, this appeal (M.A. No.1756/2019) succeeds and is hereby allowed. Since the Claims Tribunal already awarded a sum of Rs.7,30,000/- to the claimants therefore, the appellants-claimants are held entitled to receive the enhanced amount of Rs.5,83,640/- (Rs.13,13,640/- - 7,30,000/-) in addition to the amount of compensation already awarded by the Claims Tribunal. The enhanced amount shall carry interest at the rate of 6% per annum from the date of application till payment. Rest of the conditions as imposed by Claims Tribunal shall remain intact.

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

a period of one month from the date of receipt of certified copy of this order, else, the instant order would not be given effect to.

The judgment and award passed by the Tribunal is modified to the extent indicated above.

Parties are directed to bear their own costs.

(DEEPAK KUMAR AGARWAL) JUDGE van VANDANA VERMA 2022.12.09 11:32:13 -08'00'