Smt.Santosha Devi vs Satish Kumar
2022 Latest Caselaw 16266 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. 1125 of 2014

BETWEEN:-
   SMT.SANTOSHA DEVI W/O LATE SHRI
   SUKHVEER SINGH PARMAR, AGED
1. ABOUT 42 YEARS, GRAM BASAI POST
   BASAI,TATPUR,THANA BASAI,AGARA
   (UTTAR PRADESH)
   HAVENDRA SINGH S/O LATE SHRI
   SUKVEER SINGH, AGED ABOUT 19
   YEARS, OCCUPATION: VIKLANK, ONE
2. HAND AND ONE LEG R/O GRAM BASAI,
   POST BASAI TATPUR, THANA BASAI
   TATPUR, DITT. AGRA U.P. (UTTAR
   PRADESH)
   DEVENDRA SINGH S/O LATE SHRI
   SUKVEER SINGH, AGED ABOUT 17
   YEARS, OCCUPATION: MINOR U/G
3. MOTHER SANTOSHA R/O GRAM BASAI,
   POST BASAI TATPUR, THANA BASAI
   TATPUR, DITT. AGRA U.P. (UTTAR
   PRADESH)
   HURENDRA S/O LATE SHRI SUKVEER
   SINGH, AGED ABOUT 15 YEARS,
   OCCUPATION: MINOR U/G MOTHER
4.
   SANTOSHA R/O GRAM BASAI, POST
   BASAI TATPUR, THANA BASAI TATPUR,
   DITT. AGRA U.P. (UTTAR PRADESH)
   SMT. VIMLA W/O SHRI GULAB SINGH,
   AGED ABOUT 67 YEARS, R/O GRAM
5. BASAI, POST BASAI TATPUR, THANA
   BASAI TATPUR, DITT. AGRA U.P.
   (UTTAR PRADESH)
                                                               02

                                                .....PETITIONER
(SMT. MEENA SINGHAL-ADVOCATE FOR THE APPELLANTS

AND
   SATISH KUMAR S/O KSHETRAPAL
1. SINGH         GANESH        NAGAR
   SHIKOHABAD,U.P. (UTTAR PRADESH)
   RAJEEV YADAV S/O DR. N.C.S. YADAV,
   R/O SUBHASH NAGAR INDUSTIRAL
2. STATE SHIKOHABAD FIROJBAD, HAL
   43/125 SIKANDRA AGRA U.P. (UTTAR
   PRADESH)
   SHAKHA       PRABANDHAK      ICICI
   LAMBARD      GENERAL    INSURANCE
   CO.LT.D      SHAKHA      KARYALAY
3. COMMERCE HOUSE SECOND MANJIL
   201/202 BUILDING NO.7 RACE COURSE
   ROAD      INDORE   M.P.   (MADHYA
   PRADESH)
                                              .....RESPONDENTS
(SHRI SHRINIVAS GAJENDRAGADKAR-ADVOCATE FOR THE
RESPONDENT [R-3].
      This appeal coming on for hearing this day, the court

passed the following:

                          JUDGMENT

Being aggrieved by the award passed by the 8th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.29/12 on 29.01.2013, claimants preferred this appeal on the ground that the income assessed by the Tribunal is on lower side.

It is not disputed that while assessing the compensation learned tribunal assessed the income of the deceased as Rs.4000/- who was driver of heavy motor vehicle. In this behalf oral evidence has been adduced. It is true that on behalf of the

appellants/claimants documentary evidence has not been adduced but accident took place when he was driving the aforesaid truck. In these situation, there is no doubt that he was a driver in heavy vehicle. Learned tribunal assessed his income as Rs.4000/- which is on lower side. It is enhanced by Rs.7000/.

Learned counsel for the insurance company submitted that neither salary certificate nor statement of owner of truck driver has been filed.

I have heard the learned counsel for the parties and perused the record.

From the perusal of the record, it emerges that deceased Ramua Parmar, son of the appellants met with an accident on 18.09.2011 and succumbed to his injuries at the spot. He was bachelor of 22 years at the time of his death. The learned Tribunal assessed his income at Rs.4000/- per month. The same is on the lower side and needs to be re-assessed.

Looking to the facts and circumstances of the case and that the deceased was a driver on the date of incident, this Court is assessed his income as Rs.7000/- per month. Thus, his annual income would be Rs.7000x12=Rs.84,000/-. Since the deceased was 22 years of age, claimants are entitled to addition of 40% towards future prospect. Thus, after addition of future prospect 40 % as per the law laid down in the National Insurance Co.Ltd. Vs. Pranay Sethi, 2017 ACJ 2700 (SC), i.e. Rs.33,600/-, total amount comes to Rs.1,17,600/-. Then 50% deduction is to be

made towards the living expenses of the deceased as he was a Bachelor, then the dependency of the family comes out to Rs. 58,800/- per month. If multiplier of 18 is applied as per the law laid down by the Apex Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation & Another, (2009) 6 SCC 121, then total pecuniary compensation comes out to Rs.58800x18=10,58,400/-. The Claims Tribunal has awarded compensation in sum of Rs. 3,51,000/-. Thus, claimants are further entitled to receive enhanced amount of Rs.7,07400/-. The enhanced amount of Rs.7,07400/- shall carry interest @ 6% per annum from the date of application till payment. The impugned award is modified to the aforesaid extent. Rest of the terms and conditions of the award shall remain as it is.

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.1125/2014 stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE van

VANDANA VERMA 2022.12.09 12:59:07 -08'00'