Smt.Reena Shakya vs Chandarsingh
2023 Latest Caselaw 5944 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                    BEFORE
                                       HON'BLE SMT. JUSTICE SUNITA YADAV
                                             ON THE 12 th OF APRIL, 2023
                                            MISC. APPEAL No. 410 of 2010

                          BETWEEN:-
                          SMT.REENA SHAKYAWD/O SANTOSH SHAKYA , AGED
                          ABOUT 20 YEARS, OCCUPATION: HOUSEWORK,R/O
                          GRAM         SAKATPUR,P.S.VERAD DISTT.SHIVPURI
                          (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY MR. R.P. GUPTA - ADVOCATE)

                          AND
                          1.    CHANDARSINGH S/O S/O BHAGWAN SINGH ,
                                AGED    ABOUT    46      YEARS, OCCUPATION:
                                DRIVER,R/O  TASI    P.S.   KATHUMAR,DISTT.
                                ALWAR,RAJASTHAN,PRESENTLY        P.S.GOVIND
                                NAGAR,MATHURA (UP) (UTTAR PRADESH)

                          2.    NIROTILAL SINGHALS/O KEDARNATH SINGHAL
                                OCCUPATION: R/O TANTPUR STATION THANA
                                BASAI, JAGNER, DISTT.AGRA (UTTAR PRADESH)

                          3.    I.C.I.C.I.       LOMBARD         GENERAL
                                INSURANCECO.LTD., TH: BRANCH MANAGER,
                                C O M M E R C E OCCUPATION:   HOUSE    7
                                RACECOURSE        ROAD,   INDORE (MADHYA
                                PRADESH)

                          4.    DURGAPRASAD SHAKYA S/O S/O GOVINDI
                                SHAKYA , AGED ABOUT 55 YEARS, OCCUPATION:
                                R/O GRAM BHANGARH, THANA SUBHASHPURA,
                                SHIVPURI (MADHYA PRADESH)

                          5.    SMT. RAMKALI SHAKYAW/O DURGAPRASAD
                                SHAKYA , AGED ABOUT 50 YEARS, OCCUPATION:
                                HOUSEWIFE, R/O GRAM BHANGARH, THANA
                                SUBHASHPURA,      DISTT.SHIVPURI (MADHYA
                                PRADESH)

                          6.    SUMAN (MINOR)D/O DURGAPURASAD SHAKYA
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 18-Apr-23
9:59:16 AM
                                                        2
                                OCCUPATION:     R/O  GRAM     BHANGARH,
                                DISTT.SHIVPURI (MADHYA PRADESH)

                          7.    MEENA (MINOR)D/O DURGAPRASAD SHAKYA
                                OCCUPATION:     R/O  GRAM     BHANGARH,
                                DISTT.SHIVPURI (MADHYA PRADESH)

                          8.    RAJKUMARI       (MINOR)D/O  DURGAPRASAD
                                OCCUPATION:      R/O   GRAM   BHANGARH,
                                DISTT.SHIVPURI (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (MR. ARUN KATARE - ADVOCATE FOR RESPONDENT NO. 3 - INSURANCE
                          COMPANY)

                                T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                            JUDGMENT

Present miscellaneous appeal has been filed against the award dated 29.1.2010 passed by Third Motor Accident Claims Tribunal, Shivpuri in Claim Case No. 50/2009 on the limited issue of ratio of awarding the compensation amount.

Learned counsel for the appellant argued that appellant is the wife of deceased Santosh Shakya, who died in a road traffic accident involving Truck bearing registration No. HR55-E-6356. It is further argued that learned claims tribunal while awarding the compensation amount held that the wife of the deceased is entitled to get 50% of the total compensation amount which comes to Rs.2,10,000/- and rest of the amount was directed to be given to the parents and sisters of the deceased. Further argument is that in view of the case law of Nalini & Ors. vs. Mukhtyarsingh and Ors.; 2008 ACJ 906, above distribution of compensation amount is illegal and therefore, he prays for a direction to award 80% of the amount to the wife of the deceased and rest 20% to the parents and sisters of the deceased.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Apr-23 9:59:16 AM

Heard learned counsel for the appellant and perused the available record. The Supreme Court in the case of Nalini (supra) has held that the ratio of distribution of award amount between mother and widow will be 20:80.

However, in the present case, parents as well as sisters have also been found to be dependent on the deceased, therefore, the ration of 25:75 is found to be appropirate.

In view of the above case law, it is directed that out of the total compensation awarded by the Claims Tribunal, 25% i.e. Rs.1,05,000/- (Rupees One Lakh and Five Thousand) will go to parents and sisters of the deceased and 75% i.e. Rs.3,15,000/- (Rupees Three Lakh Fifteen Thousand) shall go to the appellant, who is the wife of the deceased.

Respondents No. 4 to 8 are directed to pay the difference amount which comes to Rs.1,05,000/- to the appellant within a period of 12 weeks from today along with interest as directed by the Claims Tribunal, if they have already received the compensation amount.

With aforesaid observations, present miscellaneous appeal is disposed of.

A copy of this order be sent to the executing court concerned for information and necessary compliance.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Apr-23 9:59:16 AM