Kanchhedi Patel vs Pancham Patel
2022 Latest Caselaw 16966 MP

                                                                        1
                                         IN    THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 20 th OF DECEMBER, 2022
                                                           MISC. APPEAL No. 2624 of 2016

                                        BETWEEN:-
                                        1.    KANCHHEDI PATEL S/O LATE BARELAL VILLAGE
                                              BAGKHAJIRA P.S. SURKHI TEHSIL AND DISTRICT
                                              SAGAR (MADHYA PRADESH)

                                        2.    JANAKRANI PATEL W/O KANCHHEDI PATEL
                                              BAGKHEJRA, P.S.SRKHI (MADHYA PRADESH)

                                                                                                 .....APPELLANTS
                                        (NONE PRESENT)

                                        AND
                                        1.    PANCHAM PATEL S/O KANCHHEDI LAL PATEL
                                              VILLAGE BAGHKHAJIRA P.S. SURKHI DISTRICT
                                              SAGAR (MADHYA PRADESH)

                                        2.    THE NEW INDIA INSURANCE COMPANY LIMITED
                                              OPPOSITE TO RAILWAY STATION, SAGAR
                                              (MADHYA PRADESH)

                                        3.    KIRTI PATEL W/O LATE SUNIL PATEL, AGED
                                              ABOUT 26 YEARS, VILL. SAIKHEDA P.S SURKHI,
                                              DISTRICT SAGAR (MADHYA PRADESH)

                                        4.    NIDHI PATEL W/O LATE SUNIL PATEL, AGED
                                              ABOUT     5   YEARS, OCCUPATION:   MINOR
                                              THROUGH NATURAL GUARDIAN KIRTI PATEL
                                              VILL. SAIKHEDA P.S SURKHI DISTRICT SAGAR
                                              (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                        (MS. ANJALI BANERJEE - ADVOCATE FOR THE RESPONDENT NO.2)

Signature Not Verified
  SAN
                                              T h is appeal coming on for orders this day, t h e cou rt passed the
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.12.20 19:25:25 IST
                                        following:
                                                                         ORDER

This appeal under Section 173(1) of the Motor Vehicles Act, is filed by the parents of the deceased, being aggrieved of the award dated 04.07.2016, passed by Member, Motor Accident Claims Tribunal, Sagar (M.P.), in Claim Case No.99/2015, on the ground that mother and father of the deceased have not have not been granted any compensation, though they too lost their son Sunil Patel in the accident.

2. A perusal of the award reveals that deceased Sunil Patel met with an accident on 27.02.2010. Tribunal has construed his income at Rs.3,000/- per month and after making 1/3rd deduction, awarded compensation.

3. It is submitted that in a Claim under Section 163-A of the Motor Vehicles

Act, no amount is appropriated in favour of the mother of the deceased, whereas, at least some amount should have been appropriated in her favour.

4. This Court taking into consideration the judgment in Kalam Bai Vs. Gyanprakash and others (M.A.No.4060/2022, decided on 01.12.2022), has awarded appropriate amount in favour of the mother of the deceased. Under the facts and circumstances of the case, this Court deems it proper to award 20% of the compensation in favour of the mother. Thus, it is directed that appellant No.2-Smt. Janakrani Patel, mother of the deceased Sunil, will be entitled to a sum of Rs.96,328/- out of the awarded amount.

5. Ms. Anjali Banerjee, has no objection to this appropriated amount, as it will not have any direct impact on the Insurance Company as far as total pay out is concerned.

6. Others terms and conditions of the award shall remain intact.

Signature Not Verified

7. In above terms, appeal is disposed of.

SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.12.20 19:25:25 IST

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.12.20 19:25:25 IST