Kamal Arora vs Kartik Vasani
2022 Latest Caselaw 15729 MP

                                                       1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 29th OF NOVEMBER, 2022

                                           MISC. APPEAL No. 2421 of 2019

                               BETWEEN:-
                         1.    KAMAL ARORA S/O J.P.ARORA, AGED ABOUT 45
                               YEARS, R/O H.NO. 31A C-SECTOR SARVDHARM
                               COLONY KOLAR ROAD BHOPAL (MADHYA
                               PRADESH)

                         2.    SAVITA ARORA W/O SHRI KAMAL ARORA,
                               AGED ABOUT 38 YEARS, R/O H.NO. 31A C-
                               SECTOR SARVDHARM COLONY KOLAR ROAD
                               BHOPAL (MADHYA PRADESH)

                         3.    ATHARV ARORA S/O SHRI KAMAL ARORA,
                               AGED ABOUT 8 YEARS, OCCUPATION: MINOR
                               THROUGH NATURAL GUARDIAN KAMAL
                               ARORA R/O H.NO. 31A C-SECTOR SARVDHARM
                               COLONY KOLAR ROAD BHOPAL (MADHYA
                               PRADESH)

                                                                                .....APPELLANTS
                               (BY SHRI KAPIL PATWARDHAN, ADVOCATE)

                               AND
                         1.    KARTIK VASANI S/O SHRI MRITUNJAI VASANIA
                               R/O H.NO. 53 ARCHARD PALACE FACE-3 KOLAR
                               ROAD BHOPAL (MADHYA PRADESH)

                         2.    SMT. NEELAM VASANIA W/O SHRI MRITUNJAI
                               VAS AN IA R/O H.NO. 53 ARCHARD PALACE
                               FACE-3 KOLAR ROAD BHOPAL (MADHYA
                               PRADESH)

                         3.    UNITED INDIA INSURANCE COMPANY LTD.
                               THROUGH DIVISION MANAGER DIVISIONAL
                               OFFICE NO. 1 GTB COMPLEX T T NAGAR
                               (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                               (RESPONDENT NO. 3 BY SMT.ASGHARI KHAN, ADVOCATE)

Signature Not Verified
                              T h is appeal coming on for order this day, t h e cou rt passed the
Signed by: AMIT JAIN
Signing time:
11/29/2022 7:04:28 PM
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                         following:
                                                                 ORDER

Learned counsel for the appellants/claimants has filed I.A.No.14621/2022 for seeking amendment in claim valued in this Miscellaneous Appeal under Order VI Rule 17 of the Code of Civil Procedure, 1908 and for taking the Requisite Court Fee on record.

I.A.No.14621/2022 is allowed and the Requisite Court Fee is taken on record.

Learned counsel for the parties are heard on I.A.No.5571/2019, which is an application under Section 5 of the Limitation Act seeking condonation of 45

days' delay in filing of this appeal.

For the reasons stated in the application, I.A.No.5571/2019 is allowed and 45 days' delay in filing of this appeal is condoned.

This Miscellaneous Appeal is filed by the appellants/claimants being aggrieved of award dated 11.12.2018 passed by learned XVI Additional Member Motor Accident Claims Tribunal, Bhopal in Claim Case No.201/2018 on the ground that the deceased was a bachelor, aged about 17 years. For an accident which took place on 14.12.2017, the Claims Tribunal has construed his notional income at Rs.5,000/- per month or Rs.60,000/- per annum whereas the notional income even for an unskilled labourer on the date of the accident was to the tune of Rs.7,125/- per month or Rs.85,500/- per annum.

Learned counsel for the appellants/claimants submits that the future prospect is to be added, which has been omitted by the Claims Tribunal and then the compensation is to be computed.

Learned counsel for the respondent No.3/Insurance Company supports the impugned award and submits that no indulgence is required in the matter. Signature Not Verified Signed by: AMIT JAIN Signing time:

11/29/2022 7:04:28 PM

After hearing learned counsel for the parties and going through the record of the Claims Tribunal, it is surprising that the learned XVI Additional Member Motor Accident Claims Tribunal, Bhopal has not taken into consideration the principles of awarding compensation as have been laid down by Hon'ble the Supreme Court in National Insurance Company Limited versus Pranay Sethi & Another (2017) 16 SCC 680. It is not only surprising but unbecoming that the Claims Tribunal while passing the award on 11th December, 2018 has failed to refer to the judgment of Hon'ble the Supreme Court rendered in National Insurance Company Limited versus Pranay Sethi & Another. However, the computation is to be made in accordance with the principle of law and just compensation is to be awarded.

Thus, when the annual income of the deceased assuming him to be an unskilled labourer on the date of the accident is construed then it will come out to Rs.85,500/- per year. As the deceased was a bachelor, 50% is to be deducted towards his living expenses and 40% is to be added towards future prospects and thereafter the multiplier of 18 according to the age of the deceased at the time of the accident will be applicable taking total pecuniary compensation to Rs.10,77,300/- over and above which the appellants/claimants are entitled to a further sum of Rs.30,000/- under the head of non-pecuniary compensation taking the total compensation to Rs.11,07,300/- against a sum of

Rs.5,70,000/- awarded by the Claims Tribunal. Thus, there will be enhancement to the tune of Rs.5,37,300/- (Rupees Five Lakh Thirty Seven Thousand Three Hundred Only), which will earn interest @ 6% per annum from the date of filing of the claim petition til the date of the actual payment. The other terms and conditions of the award shall remain intact.

Signature Not Verified In above terms, this Miscellaneous Appeal is disposed of. Signed by: AMIT JAIN Signing time:

11/29/2022 7:04:28 PM

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

11/29/2022 7:04:28 PM