Devaki Kol vs Ramesh Kumar Patel
2022 Latest Caselaw 13890 MP

                                                                     1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 28th OF OCTOBER, 2022

                                                          MISC. APPEAL No. 125 of 2020

                                             BETWEEN:-
                                       1.    DEVAKI KOL W/O LATE PAWAN KUMAR @
                                             PINTOO KOL, AGED ABOUT 22 YEARS,
                                             OCCUPATION: HOUSEWIFE VILL. BANDHA TEH.
                                             RAMPUR BAGHELAN DISTT. SATNA (MADHYA
                                             PRADESH)

                                       2.    BABULAL KOL S/O LATE LAXMAN KOL, AGED
                                             ABOUT 53 YEARS, OCCUPATION: LABOUR R/O
                                             VILLAGE   BANDHA,     TAHSIL   RAMPUR
                                             BAGHELAN (MADHYA PRADESH)

                                       3.    SMT. PIYARIYA KOL W/O SHRI BABULAL KOL,
                                             AGED    ABOUT    52   YEARS, OCCUPATION:
                                             HOUSEWIFE R/O VILLAGE BANDHA, TAHSIL
                                             RAMPUR BAGHELAN (MADHYA PRADESH)

                                                                                              .....APPELLANTS
                                             (BY SHRI ARUBENDRA SINGH PARIHAR, ADVOCATE)

                                             AND
                                       1.    RAMESH KUMAR PATEL S/O SHRI V. PATEL,
                                             AGED ABOUT 32 YEARS, PONDI MAIHAR TEH.
                                             MAIHAR DISTT. SATNA (MADHYA PRADESH)

                                       2.    BIHARI LAL PATHAK S/O SHRI RAMRAJ
                                             PATHAK R/O TIGHARA KALA, WARD NO.22,
                                             MAIHAR, TAHSIL AND SATNA (MADHYA
                                             PRADESH)

                                       3.    DIVISIONAL  MANAGER     UNITED  INDIA
                                             INSURANCE     CO.LTD. HOTEL SIDDHANT
                                             SEMARIYA CHOWK, REWA ROAD SATNA
                                             (MADHYA PRADESH)


Signature Not Verified
                                                                                             .....RESPONDENTS
                                             (SHRI N.S. RUPRAH, ADVOCATE FOR RESPONDENT NO. 3)
  SAN




Digitally signed by VAIBHAV YEOLEKAR
Date: 2022.11.03 11:07:24 IST
                                            Th is appeal coming on for hearing this day, t h e court passed the
                                                                           2
                                       following:
                                                                           ORDER

This appeal is filed by the claimants being aggrieved of award dated 18/09/2019 passed by the learned First Additional Motor Accident Claims Tribunal Amarpatan, District Satna in Claim Case No. 9/2019 wherein the claim is filed on account of death of Pawan Kumar @ Pintoo who was admittedly 27 years of age on the date of accident i.e. 27/04/2018.

I t is submitted by learned counsel for the appellants that deficit Court Fees is paid by him vide I.A. No. 12762/2022. A copy of deposit receipt is Annexure IA-1, therefore, prays for taking the Court fees on record and he may be permitted to amend the valuation accordingly.

Considering the aforesaid, deficit Court fee is taken on record and appellants are permitted to amend the valuation.

It is submitted that the Tribunal has taken notional income of the deceased at Rs. 3,500/- per month in an arbitrary and illegal manner and has also not gone through the judgment of the Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680 and has arbitrarily omitted to award future prospects.

It is submitted that when these two factors are cumulatively taken, then there will be a substantial enhancement in the amount of compensation.

The minimum wages as notified by the State under the Minimum Wages Act 1948 were to the tune of Rs. 7,325/- per month or Rs. 87,900/- per annum

on the date of the accident. 1/3rd is to be deducted towards living expenses of the deceased leaving net dependency at Rs. 58,600/- per annum. 40% is to be Signature Not Verified SAN added towards future prospects and, thereafter, multiplier of 17 will be applicable taking total pecuniary compensation to Rs. 13,94,680/- over and Digitally signed by VAIBHAV YEOLEKAR Date: 2022.11.03 11:07:24 IST

above which claimants are entitled to another sum of Rs. 70,000/- under the head of non-pecuniary compensation taking total compensation to Rs. 14,64,680/- against a sum of Rs. 5,46,136/- awarded by the learned Claims Tribunal.

Thus, the claimants will be entitled to the enhancement to the tune of Rs. 9,18,544/- (Rupees Nine Lakh Eighteen thousand five hundred and forty four).

This additional amount will remain invested under the Monthly Income Scheme of the Indian Postoffice atleast for a period of five years. The claimants will be entitled to use monthly interest but the principal amount shall remain intact. This additional amount will also earn interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

The other terms and conditions of the award shall remain intact. In above terms, the appeal is disposed of.

Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2022.11.03 11:07:24 IST