Ajay Mittal vs Jaswant Prjapati
2022 Latest Caselaw 16265 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 8 th OF DECEMBER, 2022
                    MISC. APPEAL No. 1047 of 2016

BETWEEN:-
AJAY MITTAL S/O LATE SHRI RAMKUMAR, AGED
ABOUT 23 YEARS, OCCUPATION: OWNER OF HOTEL
KRISHNAPURAM    COLONY,  SHIVPURI  (MADHYA
PRADESH)

                                                             .....PETITIONER
(BY MS. SMRATI SHARMA, ADVOCATE )

AND
1.    JASWANT PRJAPATI S/O SHRI MOHAN LAL
      PRJAPATI, AGED ABOUT 31 YEARS, OCCUPATION:
      DRIVER WARD NO. 35, KUMHAR MOHALLA
      GHOSIPURA (MADHYA PRADESH)

2.    SHAMSHAD KHAN S/O SALIM KHAN, AGED
      ABOUT 35 YEARS, INDIRA COLONY SHIVPURI
      (MADHYA PRADESH)

3.    BRANCH MANAGER NATIONAL INSURANCE
      COMPANY LTD. HAJI SANNU MARKET SHIVPURI
      (MADHYA PRADESH)

                                                           .....RESPONDENTS
(BY SHRI B.M. MALHOTRA, ADVOCATE FOR RESPONDENT NO.3 )

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                  ORDER

Aggrieved by the award passed by Third Additional Motor Accident Claims Tribunal Shivpuri in MACC No.400057/2013 on 13.07.2016 by which application filed by the claimants has been partly allowed and compensation to

the tune of Rs.8,98,500/- alongwith interest @ 7% has been awarded to the claimant.

Claimants-appellants has preferred this appeal on the ground that the compensation awarded by the Tribunal requires enhancement.

Learned counsel for the appellants submits that learned Tribunal has erred in assessing the income of deceased as Rs.4500/- per month whereas as per State Legal Services Authority guidelines, the minimum wages of skilled labour at the time of accident were Rs.5225/- per month. No amount has been awarded towards future prospects in the light of judgment National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680. It is further submitted that

despite adducing evidence that in the accident left leg of the claimant has been amputated from thigh and issuance of certificate to the extent of 100% disability, learned Tribunal has erred in assessing the disability to the extent of 75%. 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 submitted 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.

It is true that appellant-claimant has not produced any evidence regarding his income but it is not disputed that he was running a hotel. In such a situation, looking to the job of claimant, he is categorized as skilled labour. Upon perusal of disability certificate, it appears that on the certificate, photo of appellant has been affixed. The said certificate has been issued by Disability Board. In such circumstances, learned Tribunal has erred in holding 75 % disability because

due to amputation of leg, he is not able to perform his work. Hence, percentage of disability is assessed at 100%. Looking to the injuries sustained by claimant, attender charges is enhanced upto 25000/-.

As per SALSA guidelines at the time of accident, minimum wages of skilled labour was Rs.5225/- per month. Hence, the income of deceased is assessed as Rs.5225/- per month. The annual income comes to Rs.5225 x 12 = Rs.62,700/-, adding 40% towards future prospects in the light of judgment National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680, the income comes to Rs.87,780/-, loss of earning due to functional disability would be 100% (since left leg of the claimant has been amputated in the accident) which is Rs. 87,780/-, applying multiplier of 17 in the light of judgment of Hon'ble Apex Court rendered in Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121, total loss of income comes to Rs. 14,92,260/-, adding Rs.1,00,000/- under medical expenses, Rs.50,000/- under the head of pain and suffering, Rs.20,000/- under the head of travel expenses, Rs.15,000/- towards healthy food, Rs.25,000/- towards attender charges, Rs.15,000 under other heads, the total compensation comes to Rs.17,17,260/-.

The appellant-claimant is held entitled to receive the enhanced amount of Rs.8,18,760/- (Rs.17,17,260/- - 8,98,500/-) in addition to the amount of compensation already awarded by the Claims Tribunal. The respondent No.3 shall liable to pay enhanced amount of Rs.8,18,760/- to the claimants. However, rate of interest awarded by the tribunal being excessive is reduced to 6%. Thus, appellant is further entitled to a sum of Rs.8,18,760/- with interest @ 6% from the date of filing of claim application. 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.

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 appellant-claimant 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.

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

Present appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) YOGEND JUDGE ojha RA OJHA 2022.12.

16:47:35 +05'30'