Yunis Mohammad Gauri vs Union Of India
2022 Latest Caselaw 13403 MP

                               1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 12th OF OCTOBER, 2022

                    MISC. APPEAL No. 708 of 2006

        BETWEEN:-
1.      YUNIS MOHAMMAD GAURI S/O S/O SHRI
        MUNSHI KHAN GAURI , AGED ABOUT 41 YEARS,
        OCCUPATION: ABHIKARTA, R/O SURYA VIHAR
        COLONY,  PINTO PARK,      DISTT.GWALIOR
        (MADHYA PRADESH)

2.      SMT.  NASIM     BANOW/O   SHRI  YUNIS
        MOHAMMAD GAURI , AGED ABOUT 39 YEARS,
        OCCUPATION: TELIORING R/O SURYA VIHAR
        COLONY,   PINTO   PARK,MORAR,GWALIOR
        (MADHYA PRADESH)

                                                         .....PETITIONER
        (SHRI R.P.GUPTA-ADVOCATE)

        AND
1.      UNION OF     INDIA   NEW    DELHI (MADHYA
        PRADESH)

2.      LT.JARBAK/MEGER         KARVAHAK   KAMAN
        ADHIKARI,100,MADHYAM         REJIMENT,TH:56
        A . P . O . , OCCUPATION:   MORAR,GWALIOR
        (MADHYA PRADESH)

3.      SANDIP KUMAR S/O VEEN NO.15148891-
        X,VAHAN CHALAK NO. OCCUPATION: 01-D-
        129992 E, 100 MADHYAM REJIMENT TH:-56
        A.P.O.,MORAR,GWALIOR (MADHYA PRADESH)

                                                       .....RESPONDENTS
        (SHRI PRAVEEN NEWASKAR-ADVOCATE FOR
        RESPONDENTS/UOI.

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                ORDER

T his Miscellenous Appeal is filed by the appellants/claimants being aggrieved of award dated 19.01.2006 passed by learned 8th Additional Motor Accident Claims Tribunal, Gwalior in Motor Accident Claim Case No.51/05 awarding a sum of Rs.1,00,000/- on account of the death of Ku. Noshin Bano, daughter of Claimants, who died in an accident, which took place on 27.10.2004 when she was coming from Army School to her home in Pinto Park on a motorcycle bearing registration No.MP07-KE-6914 with her father. The respondent No.3, who is driver of truck bearing registration No.O.01D- 129992 E, came driving the said truck rashly and negligently and dashed to the said motorcycle, due to which deceased got injured.

A perusal of para 12 of the judgment reveals that the Claims Tribunal has accepted the age of deceased Ku. Noshin Bano to be almost 15 years and has taken his notional income to be Rs.15,000/- per annum and arbitrarily treated 1/3rd dependency after applying the multiplier of 16 has awarded a sum of Rs.80,000/- and other heads taking total compensation to Rs.1,00,000/-.

Learned counsel for the respondent No.1 has supported the impugned award of the Claims Tribunal.

After hearing learned counsel for the respondent No.1 and going through the record, it is evident that the Claims Tribunal has acted in a most arbitrary manner. In the similar facts & circumstances of the case, this Court had considered the similar situation in Miscellaneous Appeal No.183/2017 (Smt.Indra W/o. Ramnath Jatav & Another versus Brajkishor Yadav & Others) decided on 29.8.2022 relying upon the judgments of Hon'ble the Supreme Court in Kurvan Ansari @ Kurvan Ali & Another versus Shyam Kishore Murmu & Another decided in Civil Appeal No.6902/2021 on 16th November, 2021, Kishan Gopal & Another versus Lala & Others

2013 ACJ 2594 and the decision of this Court in Chhoti Devi (Smt) & Others versus Babu Hussain & Others MACD 2019 (3) (MP) 1472 has considered the notional income of the deceased to be Rs.30,000/- and there will be no deduction permissible from the notional income and the multiplier of 15 was applied taking total pecuniary compensation to Rs.4,50,000/- over and above which a sum of Rs.25,000/- is awarded under the head of non-pecuniary compensation taking total compensation to Rs.4,75,000/-.

The ratio Smt.Indra W/o. Ramnath Jatav & Another versus Brajkishor Yadav & Others (supra) will be applicable to the facts and circumstances of the present case and accordingly, the compensation of Rs.4,75,000/- will be just & proper. The other terms and conditions of the award shall remain intact.

In above terms, this Miscellaneous Appeal is allowed and disposed of. Let record of the Claims Tribunal be sent back.

(DEEPAK KUMAR AGARWAL) JUDGE Van

VANDANA VERMA 2022.10.12 16:53:11 -07'00'