Smt. Lalta Panchal vs Rambagas
2022 Latest Caselaw 13589 MP

                                                                       1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 14th OF OCTOBER, 2022

                                                    MISCELLANEOUS APPEAL No. 1945 of 2022

                                               BETWEEN:-
                                       1.      SMT. LALTA PANCHAL W/O LATE SHRI
                                               DAMODAR PANCHAL, AGED ABOUT 56 YEARS,
                                               OCCUPATION: NIL R/O 10, MUKATI MOHALLA
                                               AWANTIPUR BADODIYA, DISTRICT SHAJAPUR
                                               (M.P.)

                                       2.      MANISH PANCHAL S/O LATE SHRI DAMODAR
                                               PANCHAL, AGED ABOUT 28 YEARS, R/O 10,
                                               MUKATI MOHALLA AWANTIPUR BADODIYA,
                                               DISTRICT SHAJAPUR (M.P.)

                                                                                                .....APPELLANTS
                                               (BY SHRI NITIN KUMAR GUPTA -ADVOCATE)

                                               AND
                                       1.      RAMBAGAS      S/O   SHRI  SHIVNARAYAN
                                               OCCUPATION: NIL R/O THROUGH DILIP SINGH,
                                               GRAM GAWAKHEDA, TEHSIL ASTHA, DISTRICT
                                               SEHORE (M.P.)

                                       2.      BALRAM KUSHWAHA S/O SHRI GONDALAL
                                               KUS HWAHA R/O THROUGH RAMVILA SAI
                                               MANDIR HANDIYA ROAD DISTT. HARDA (M.P.)

                                       3.      NEW INDIA INSURANCE COMPANY LIMITED
                                               THROUGH DIVISIONAL MANAGER T.P BUB 2ND
                                               FLOOR 3RD BLOCK PARYAWAS BHAWAN
                                               ARERA HILLS DISTT. BHOPAL (M.P.)

                                                                                               .....RESPONDENTS
                                               (SHRI ANOOP NAIR - ADVOCATE FOR THE RESPONDENT NO.3)

                                             This appeal coming on for admission this day, th e court passed the

Signature Not Verified
  SAN
                                       following:
                                                                        ORDER

Digitally signed by PUSHPENDRA PATEL Date: 2022.10.14 19:29:05 IST This appeal is filed by the claimants being aggrieved of award dated

11.03.2022 passed by the learned 21 st Additional Motor Accident Claims Tribunal, Bhopal in claim case No.946/2018 on the ground that Tribunal has considered age of the deceased as 66-67 years, whereas it is submitted that in the post-mortem report, it is mentioned as 60 years. On the date of deposition of wife of the deceased, age of wife is mentioned as 65 years i.e. after two years of the accident. Therefore, age of the deceased can be considered to be somewhere between 61 to 65 years on the date of accident and, therefore, multiplier of 7 will be applicable and not that of 5 as has been applied by the learned Claims Tribunal.

Shri Anoop Nair, learned counsel for the respondent No.3 supports the

impugned award.

It is submitted that Tribunal has awarded only a sum of Rs.3,44,500/-, whereas income of the deceased is accepted at Rs.8,182/- per month or

Rs.98,184/- per annum. When 1/3rd is deducted and multiplier of 7 is applied, then pecuniary compensation will come out to Rs.4,58,192/-. Over and above which claimants will be entitled to a sum of Rs.70,000/- under the head of non- pecuniary compensation and another sum of Rs.40,000/- to the claimant No.2 for Loss of Parental Consortium in the light of judgment of Hon'ble Supreme Court in the case of United India Insurance Company Ltd. Vs. Satinder Kaur alias Satwinder Kaur, 2020 SC Online SC 410 , taking total compensation to the tune of Rs.5,68,192/- against a sum o f Rs.3,44,500/-/- awarded by learned Claims Tribunal. Thus, there will be enhancement to the tune of Rs.2,23,692/-. But since appeal is valued at Rs.2,00,000/- only and

Signature Not Verified Court fee is payable in the State of Madhya Pradesh and no appeal is SAN

Digitally signed by PUSHPENDRA PATEL competent without payment of Court fee as per High Court Rules, escalation is Date: 2022.10.14 19:29:05 IST

restricted to Rs.2,00,000/- only and it is directed that claimants will be entitled

to additional sum of Rs.2,00,000/- (Rupees Two Lakhs only) in addition to the amount awarded by the learned Claims Tribunal and this additional amount too will earn interest @ 6% per annum, as has been awarded by the learned Claims Tribunal, from the date of filing of claim petition till the date of actual payment.

In above terms, this miscellaneous appeal is disposed of. Record of the Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified SAN

Digitally signed by PUSHPENDRA PATEL Date: 2022.10.14 19:29:05 IST