Madhya Pradesh High Court
Smt. Geeta Bai vs Rajesh on 19 September, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 19th OF SEPTEMBER, 2022
MISC. APPEAL No. 1204 of 2007
BETWEEN:-
1. SMT. GEETA BAI, W/O LATE RAM SINGH, AGED
ABOUT 26 YEARS, R/O VILL.NAWRA TAH.
NEPANAGAR DISTT. BURHNAPUR (MADHYA
PRADESH)
2. MUKESH S/O LATE RAM SINGH, AGED ABOUT 4
YEARS, THROUGH MOTHER AND NATURAL
GUARDIAN. SMT. GEETA BAI R/O VILL.NAWRA
TAH. NEPANAGAR DISTT. BURHNAPUR
(MADHYA PRADESH)
3. VIKAS S/O LATE RAM SINGH, AGED ABOUT 2 &
1/2 YEARS,THROUGH MOTHER AND NATURAL
GUARDIAN. SMT. GEETA BAI R/O VILL.NAWRA
TAH. NEPANAGAR DISTT. BURHNAPUR
(MADHYA PRADESH)
4. SUNEEL S/O LATE RAM SINGH, AGED ABOUT 10
YEAR S , THROUGH MOTHER AND NATURAL
GUARDIAN. SMT. GEETA BAI R/O VILL.NAWRA
TAH. NEPANAGAR DISTT. BURHNAPUR
(MADHYA PRADESH)
5. SMT. RADHA BAI, W/O BHAGWAN, AGED
ABOUT 55 YEARS, R/O VILL.NAWRA TAH.
NEPANAGAR DISTT. BURHNAPUR (MADHYA
PRADESH)
6. BHAGWAN S/O TAKALYA, AGED ABOUT 60
YEARS, R/O VILL.NAWRA TAH. NEPANAGAR
DISTT. BURHNAPUR (MADHYA PRADESH)
.....APPELLANTS
(NONE)
Signature Not Verified
AND
SAN
1. RAJESH S/O GYAN SINGH KERALE, AGED
Digitally signed by TULSA SINGH
Date: 2022.09.21 19:41:55 IST ABOUT 30 YEARS, R/O VILL.PULGAON TALUKA
BHUSAWAL DISTT. JALGAON (MAHARASHTRA)
2
(DRIVER)
2. PUROSHATTAM W/O SHRI KASHI NATH PATIL
AGED ABOUT ADULT, OCCUPATION: OWNER
TRUCK NO.MH-19P/1953, R/O VILL.PULGAON
TALUKA BHUSAWAL DISTT. JALGAON
(MAHARASHTRA)
3. LAXMAN S/O SHRI LAKDU KUMHAR
OCCUPATION: OWNER TRUCK NO.MH-19P/1953,
R/O VILL.PULGAON TALUKA BHUSAWAL DISTT.
JALGAON (MAHARASHTRA)
4. NEW INDIA INSURANCE CO.LTD. THROUGH
THE BRANCH MANAGER, 752, 1ST FLOUR,
JAMNER ROAD BHUSAWAL,DISTT. JALGAON,
(MAHARASHTRA)
.....RESPONDENTS
(BY SHRI ANSHUMAN SWAMI, ADVOCATE FOR RESPONDENT
NO.4)
This appeal coming on for hearing on this day, the court passed the
following:
ORDER
Claimants/appellants have filed this appeal being aggrieved of award
dated 17th November, 2006 passed by learned Additional Motor Accident
Claims Tribunal, Burhanpur in Claim Case No.24/2006 seeking enhancement of
the amount.
It is submitted that accident took place on 31/01/2006 when tractor
bearing registration No. MH-19-B 1953 registered in the name of non-applicant
No.3 and being driven by non-applicant No.1, then accident took place and
deceased-Ram Singh More who was working as labourer on the said tractor
used for transporting ash had met with an accident on National Highway No.6
being rashly and negligently driven by non-applicant No.1. Deceased was 30
Signature Not Verified
SAN
years of age. He was earning Rs.150/- per day and was sending Rs.3,500/- per
month for expenses of the family.
Digitally signed by TULSA SINGH
Date: 2022.09.21 19:41:55 IST
Claims Tribunal has construed income of the deceased at Rs.2,100/- per
month whereas minimum wages on the date of accident were to the tune of
Rs.2,330/- per month. Deceased is survived by wife, three children, therefore,
1/4th deduction is to be made towards personal expenses not 1/3rd as has been
made by learned Claims Tribunal in terms of the law laid down by Hon'ble
Supreme Court in para-30 of the judgment in the case of Sarla Varma and
others Vs. Delhi Transport Corporation and another, (2009) 6 SCC
121. 40% is to be added towards future prospects and when multiplier of 17
is applied, total pecuniary compensation will come out to Rs.4,99,086/-. Over
and above which, claimants are entitled to a sum of Rs.70,000/- under the head
of non-pecuniary compensation and three children will be entitled to a sum of
Rs.1,20,000/- @ Rs.40,000/- each for loss of parental consortium, taking total
compensation to Rs.6,89,086/- as against Rs.2,95,100/- awarded by the Claims
Tribunal. Thus, there will be enhancement to the tune of Rs.3,93,896/- to which
claimants will be entitled in addition to the amount awarded by learned Claims
Tribunal. This additional amount will earns interest @ 6% per annum from the
date of filing of claim petition till the date of actual payment. Insurance
Company shall pay this amount and will be entitled to recover the same from
the owner of the offending vehicle.
This additional amount shall remain invested in fixed deposit receipt of a
Nationalized Bank or Indian Post Office for a period of five years.
In above terms, this appeal is disposed of.
Record of the Claims Tribunal be sent back immediately.
Signature Not Verified
SAN
Digitally signed by TULSA SINGH
Date: 2022.09.21 19:41:55 IST
(VIVEK AGARWAL)
JUDGE
ts
Signature Not Verified
SAN
Digitally signed by TULSA SINGH
Date: 2022.09.21 19:41:55 IST
