Madhya Pradesh High Court
The Oriental Insurance Company ... vs Abdul Waheed on 21 November, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 21st OF NOVEMBER, 2022
MISC. APPEAL No. 386 of 2014
BETWEEN:-
THE ORIENTAL INSURANCE COMPANY
LIMITED MANAGER T.P. HUB 11B INDRAPURI
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI V.K. PANDEY - ADVOCATE)
AND
1. ABDUL WAHEED S/O ABDUL IBRAHEEM KHAN,
AGED ABOUT 45 YEARS, H.NO.31/1-B SUPER
STATE COLONY SHIV NAGAR PIPAL CHOURAHA
KAROND, BHOPAL (MADHYA PRADESH)
2. SMT.NAZMA BEE W/O ABDUL WAHEED, AGED
ABOUT 39 YEARS, HOUSE NO.31/1-B,SUPER
STATE COLONY SHIV NAGAR,PIPAL
CHOURAHA,KAROND, BHOPAL (MADHYA
PRADESH)
3. KU.RUKSHAR BEE D/O ABDUL WAHEED, AGED
ABOUT 19 YEARS, HOUSE NO.31/1-B,SUPER
STATE COLONY SHIV NAGARPIPAL CHOURAHA,
KAROND,BHOPAL (MADHYA PRADESH)
4. KU.RIJWANA BEE D/O ABDUL WAHEED, AGED
ABOUT 17 YEARS, HOUSE NO.31/1-B,SUPER
STATE COLONY SHIV NAGAR, PIPAL
CHOURAHA,KAROND,BHOPAL (MADHYA
PRADESH)
5. AFTAB HUSSAIN S/O ABDUL WAHEED, AGED
ABOUT 14 YEARS, HOUSE NO.31/1-B,SUPER
STATE COLONY SHIV NAGAR, PIPAL
CHOURAHA,KAROND,BHOPAL (MADHYA
PRADESH)
Signature Not Verified
SAN
6. SAYYED ALI S/O SHOUKAT ALI 405,VILLAGE
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.11.23 18:30:09 IST UNHEL,TAHSIL NAGAR,DISTT-UJJAIN M.P.
(MADHYA PRADESH)
2
7. AZAD KHAN S/O SHABBIR KHAN IDGAH
MOHALLA,UNHEL, TAHSIL NAGDA, DISTT-
UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI KAPIL PATWARDHAN - ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Additional Court Fee of Rs.4,450/- is deposited by the claimants vide
Family Court ONline Fee Cyber Receipt I.D No.200925/2022. The same is
taken on record.
This appeal is filed by the Insurance Company, under Section 173(1) of
the Motor Vehicles Act, 1988, being aggrieved of award dated 22.10.2013,
passed by learned Motor Accident Claims Tribunal, Bhopal (M.P.), in MCC
No.1066/2012, on a ground that learned Claims Tribunal has arbitrarily awarded
30% future prospects in favour of the claimants.
2. Shri Kapil Patwardhan, appearing for the claimants, on the other hand,
submits that learned Tribunal has arbitrarily applied multiplier as per the age of
parents of the deceased overlooking the law laid down by Hon'ble Supreme
Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation
and another [(2009) 6 SCC 121], which was available when the impugned
award was passed, but oblivious of the fact of the said judgment though it has
been considered by the Tribunal in paras 23 and 24 of the award, Tribunal has
acted arbitrarily. It is also submitted that age of the deceased was 21 years,
therefore, multiplier will be that of 18 and future prospects is to be added @
Signature Not Verified
SAN 40% as per the law laid down by the Supreme Court in National Insurance
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.11.23 18:30:09 IST Co. Ltd. Vs. Pranay Sethi [(2017) 16 SCC 680]. Reliance is placed on the
judgment of Hon'ble Supreme Court in case of Jitendra Khimshankar
Trivedi and others Vs. Kasam Daud Kumbhar and others [2015 (1) T.A.C.
673 (S.C.)], wherein, it is held that to do justice between the parties,
computation should be just and proper.
3. Taking these submissions into consideration, accident admittedly took place
on 03.05.2012. Tribunal has considered income of the deceased at Rs.4,000/-
(Rupees Four Thousand). 50% is to be reduced towards the living expenses of
the deceased. 40% is to be added towards the future prospects, that will take
dependency to Rs.2800/- (Rupees Two Thousand and Eight Hundred) per
month or Rs.33,600/- (Thirty Three Thousand and Six Hundred) per annum.
When multiplier of 18 is applied, that will take pecuniary compensation to
Rs.6,04,800/- (Rupees Six Lakhs, Four Thousand and Eight Hundred), over
and above which claimants are entitled to a sum of Rs.30,000/- (Rupees Thirty
Thousand) under the head of last rites and loss of estate, taking total
compensation to Rs.6,34,800/- (Rupees Six Lakhs, Thirty Four Thousand and
Eight Hundred) in place of Rs.4,56,800/- (Rupees Four Lacs, Fifty Six
Thousand and Eight Hundred). Thus, there will be enhancement to the tune of
Rs.1,78,000/- (Rupees One Lac, Seventy Eight Thousand), to which claimants
will be entitled to. This additional amount will carry interest of 6% per annum
from the date of filing of the Claim Petition till the date of actual payment.
4. Claimants are directed to pay Court fee on the enhanced amount during the
course of the day.
5. In above terms, this Miscellaneous Appeal is disposed of.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.11.23 18:30:09 IST
(VIVEK AGARWAL)
JUDGE
A.Praj.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.11.23 18:30:09 IST
