United India Insurance Co.Ltd. vs Awlakh Singh
2022 Latest Caselaw 13499 MP

                               1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 13th OF OCTOBER, 2022

                   MISC. APPEAL No. 2293 of 2020

        BETWEEN:-
        UNITED INDIA INSURANCE CO.LTD. SENIOR
        DIVISIONAL MANAGER B-BLOCK, SHASTRI
        NAGAR, BHIND OFFICE AT CENTRE POINT
        COMPLEX, PHOOLBAG GWALIOR (MADHYA
        PRADESH)

                                                          ....APPELLANT
        (BY SHRI B.K. AGRAWAL - ADVOCATE)

        AND
1.      AWLAKH SINGH S/O SOBRAN SINGH PARIHAR,
        AGED   ABOUT    56  YEARS, OCCUPATION:
        AGRICULTURIST VILLAGE AND POST VIDORI,
        CHAKAR NAGAR (UTTAR PRADESH)

2.      SMT. KANTI DEVI W/O SHRI AWLAKH SINGH,
        AGED ABOUT 52 YEARS, VILLAGE AND POST
        VIDORI, CHAKAR NAGAR (UTTAR PRADESH)

3.      SATYANARAYAN S/O KEHRI SINGH VILLAGE
        ATARSUMA, PARGANA (MADHYA PRADESH)

4.      RAI SINGH S/O DEVIDAYAL SINGH VILLAGE
        ATARSUMA, PARGANA (MADHYA PRADESH)

                                                       .....RESPONDENTS
        (BY SHRI RAM KISHOR SHARMA- ADVOCATE FOR
        RESPONDENTS NO.1 AND 2)

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

Appellant/Insurance Company preferred this appeal aggrieved by the award passed by Sixth Motor Accident Claims Tribunal, Bhind on 21.11.2019

on the ground that learned Tribunal calculated the compensation on the basis of amended provision of Section 163-A of Motor Vehicles Act, which was amended on 22.05.2018 which is against the provision of the Act.

In brief, the fact of the case are that deceased Kalleh Singh @ Arvind Singh was 13 years son of respondents No.1 and 2, on 13.12.2017 at 2 P.M. along with his brother-in-law was coming from Kachhar to Bhind when he reached Attarsuma, respondent No.4 Satyanaryan in the ownership of respondent No.3 Raisingh, insured with appellant/Insurance Company came driving the offending tractor bearing registration No.M.P.30.AB-0837 rashly and negligently and dashed Kalleh Singh @ Arvind Singh, due to which he died

on the spot. On dialing 100 number, the deceased was brought to District Hospital, Bhind. Postmortem was conducted. Due to aforesaid accident Crime No.334/17 for the offence under Section 304-A of IPC. After investigation, charge-sheet has been submitted. Claimants preferred an application under Section 166 of Motor Vehicles Act for seeking compensation due to death of their son.

Learned Tribunal while calculating the award under amended provision of Section 163-A of Motor Vehicles Act and awarded compensation to the tune of Rs.6,35,000/-.

Learned Advocate for the Insurance Company has submitted that respondents/claimants filed an application for seeking compensation under Section 166 of Motor Vehicles Act. Accident took place on 13.12.2017 and at the time of accident, Section 163-A of the amended provision has not came on light. The amended provision has came on light on 22.05.2018. In these situation, aforesaid amendment has not in retrospective effect. In the aforesaid circumstances, while calculating the amount of compensation, learned Tribunal

erred in taking amended provision of Section 163-A of Motor Vehicles Act. To bolster his submission, learned counsel for the appellant has placed a reliance of the Apex Court judgment in the case of K. Sivaraman and Others Vs. P. Sathishkumar and another as reported in (2020) 4 SCC 594. In this judgment, Hon'ble Supreme Court has opined that benefit of amending Act enhancing the quantum of compensation would not apply to accidents that took place prior to the coming into force of the amendment.

It is not disputed that accident took place on 13.12.2017 and claimants filed an application under Section 166 of the Motor Vehicles Act seeking compensation. Amendment in Section 163-A of the Motor Vehicles Act was came in light on 22.05.2018. In these situation, accident took place prior to the amendment. In these circumstances, by taking into the amended provision, the Tribunal has erred in calculating the amount of compensation.

At the time of incident, deceased was aged about 13 years and he was unmarried. For assessing the compensation, a notional income of Rs.30,000/- per annum is assessed and applying the law laid down by the Apex Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Trnsport Corportion & Another, (2009) 6 SCC 121, applying the multiplier of 15, the calculated amount comes to Rs.4,50,000/- (Rs.30000 x 15 = 4,50,000). Adding a sum of Rs.25,000/- towards love and affection and Rs.25,000/- towards funeral

expenses, total amount comes to Rs.5,00,000/-. Thus, the compensation amount is reduced from Rs.6,35,000/- to Rs.5,00,000/-. The claimants are entitled to Rs.5,00,000/- as compensation which shall be paid to the claimants within 45 days. The compensation amount shall carry interest at the rate of 6% from the date of filing of the claim petition till the date of payment.

With the aforesaid, the appeal is amended and allowed.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2022.10.14 12:28:48

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