Chola Mandlam General Insurance ... vs Jaykaran Singh
2022 Latest Caselaw 15357 MP

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 22nd OF NOVEMBER, 2022

                                               MISC. APPEAL No. 4832 of 2022

                                   BETWEEN:-
                                   CHOLA MANDLAM GENERAL INSURANCE
                                   CO.LTD. THROUGH ITS MANAGER BRANCH
                                   OFFICE 1ST FLOOR, NEAR       KALKATTA
                                   AUTOMOBILE NAGPUR ROAD JABALPUR,
                                   DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                       .....APPELLANT
                                   (BY SHRI ROHIT JAIN, ADVOCATE FOR THE APPELLANT. )

                                   AND
                           1.      JAYKARAN SINGH S/O SHRI RAMSUFAL SINGH,
                                   AGED ABOUT 45 YEARS, R/O TAPA, P.S. AND
                                   TEHSIL RAMPUR BAGHELAN DISTRICT SATNA
                                   (MADHYA PRADESH)

                           2.      SMT. SUNITA SINGH W/O SHRI JAYKARAN
                                   SINGH, AGED ABOUT 40 YEARS, TAPA P.S. AND
                                   TEHSIL RAMPUR BAGHELAN DISTRICT SATNA
                                   (MADHYA PRADESH)

                           3.      HEMRAJ SINGH S/O LATE SHRI KESHARI
                                   SINGH, AGED ABOUT 42 YEARS, RAMPUR
                                   BAGHELAN P.S. RAMPUR BAGHELAN DISTRICT
                                   SATNA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                   (NONE FOR THE RESPONDENTS )

                                 This appeal has come for admission on this day and the court passed
                           the following:
                                                            ORDER

This appeal is filed by the Insurance Company being aggrieved of award dated 28.06.2022 passed by the learned Additional Motor Accident Claims Tribunal, Rampur Baghelan, District Satna (M.P.) in claim case MACC Signature Not Verified Signed by: VINOD SHARMA Signing time: 11/29/2022 4:29:17 PM

No.38/2021 on the ground that in a case of accident Tribunal has awarded a sum of Rs.88,000/- under the loss of love and affection. A further a sum of Rs.16,500/- has been awarded under the head of last rites and Rs.16,500/- under the head of loss of estate. These amounts are excessive and suitably scaled down.

After hearing Shri Rohit Jain, learned counsel for the appellant, it is

evident that the judgment in the case of National Insurance Company

Limited Vs. Pranay Sethi & Others, (2017) 16 SCC 680, itself say 10% increase on expiry of three years under different heads of non pecuniary compensation. Therefore, award of sum of Rs.16,500/- each under the head of

last rites and loss estate cannot be said to be excessive. As far as loss of love and affection of child is concerned, i.e. filial consortium that has been approved by the Supreme Court in the case of United India Insurance Company Ltd. vs. Satvindar Kaur @ Satwinder Kaur [2020 SCC Online SC 410], therefore, even that cannot be said to be illegal or arbitrary.

Thus there is no illegality in the impugned award calling interference. Appeal fails and is hereby dismissed.

(VIVEK AGARWAL) JUDGE Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 11/29/2022 4:29:17 PM