Smt.Asha Soni vs Vasudeo Chopra
2022 Latest Caselaw 12721 MP

                                                                    1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 22nd OF SEPTEMBER, 2022

                                                       MISC. APPEAL No. 1837 of 2007

                                           BETWEEN:-
                                   1.      SMT.ASHA SONIWD/O LATE KAMAL SONI,
                                           AGED ABOUT 27 YEARS, OPP.SAHU CYCLE
                                           STORES,ASHTA POST ASHTA,DISTT.SEHORE
                                           (MADHYA PRADESH)

                                   2.      KU. PRIYANKA SONILATE KAMAL SONI, AGED
                                           ABOUT 3 YEARS, OCCUPATION: TH.NG. SMT.
                                           ASHA SONI OPP.SAHU CYCLE STORES,ASHTA
                                           POST     ASHTA,DISTT.SEHORE   (MADHYA
                                           PRADESH)

                                   3.      LOKENDRA KUMAR S/O KAMAL SONI, AGED
                                           ABOUT 6 YEARS, OCCUPATION: TH.NG. SMT.
                                           ASHA SONI OPP.SAHU CYCLE STORES,ASHTA
                                           POST    ASHTA,DISTT.SEHORE    (MADHYA
                                           PRADESH)

                                                                                               .....APPELLANTS
                                           (BY SHRI RAJESH NEMA-ADVOCATE)

                                           AND
                                   1.      VASUDEO CHOPRANAND KISHORE CHOPRA
                                           OCCUPATION: OWNER GADI ADDA,ASHTA
                                           ROAD,SEHORE (MADHYA PRADESH)

                                   2.      UNITED INDIA INSURANCE             CO.LTD. B.O.
                                           SEHORE (MADHYA PRADESH)

                                                                                             .....RESPONDENTS

(BY SHRI V.K. PANDDEY- ADVOCATE FOR RESPONDENT NO. 2 )

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

Signature Not Verified SAN JUDGMENT Digitally signed by VARSHA DUBEY Date: 2022.09.24 15:07:15 IST This appeal is filed by the claimants being aggrieved of the award dated

20.01.2007 passed by learned Second MACT, Fast Track Court, Ashta District Sehore, in Claim Case No. 67/2001 (New No. 131/2006) wherein the deceased Kamal Soni was working as Supervision In-charge at Bhoomi Vikas Bank Branch Ashta in regular employment died because of accident which took place on 19.01.2001 at Indore-Bhopal road when at about 04:45 pm non- applicant No.1 driving Truck bearing Registration No. MP-04-K-1615 owned by non-applicant No. 2 and ensured with non-applicant No. 3 had caused dash to the motorcycle of deceased Kamal Soni as a result of which Kamal Soni and co-passenger Veeram Singh died on the spot.

Shri Rajesh Nema submits that this appeal is filed on the ground that age

of the deceased at the time of the accident was 37-38 years..Tribunal has applied incorrect multiplier of 12 and has arbitrarily not added future prospects.

Shri Pandey supports the award.

After hearing learned counsel for the parties and going through the record, it is evident that Tribunal has considered income of the deceased Kamal Soni as Rs.5,400/- per month. Deceased is admittedly survived by a wife and two children. One third deduction is to be made. Thus, some annual income of Rs. 64,800/- when one third is deducted then net dependency will come out to Rs. 43,200/- per annum over which as per the law laid down by Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, (2017) 16 SCC 680, 50% is to be added towards future prospects and multiplier of 15 will be applicable as per law laid down in the case of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another [(2009)6 SCC 121] Signature Not Verified SAN

taking total pecuniary compensation to Rs. 9,72,000/- over and above of which Digitally signed by VARSHA DUBEY Date: 2022.09.24 15:07:15 IST

claimants are entitled to a sum Rs. 70,000/- under the head of non-pecuniary

compensation and another sum of Rs. 80,000/- under the head of loss of parental consortium to claimant Nos. 2 and 3. Taking total compensation to Rs. 11,22,000/- in place of Rs. 5,24,000/- Thus, there will be enhancement of Rs. 5,98,000/- to which claimants will be entitled to along with interest at the rate of 6% from the date of filing of the claim petition till the date of actual payment. Let this additional amount remain invested in a fix deposit receipt of Indian Post Office or a Nationalized for a period of 5 years.

In above terms, appeal is disposed of.

Record of the Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE VD

Signature Not Verified SAN

Digitally signed by VARSHA DUBEY Date: 2022.09.24 15:07:15 IST