Smt. Shashi Pandey vs Mohammad Shahid
2023 Latest Caselaw 6473 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 21 st OF APRIL, 2023
                                            MISC. APPEAL No. 1804 of 2022

                          BETWEEN:-
                          1.    SMT. SHASHI PANDEY W/O ANJANI PANDEY,
                                AGED ABOUT 61 YEARS, R/O 270 ANAND NAGAR
                                ADHARTAL, JABALPUR, (MADHYA PRADESH)

                          2.    KU. SONAL PANDEY D/O ANJANI PANDEY, AGED
                                ABOUT 39 YEARS, R/O 270 ANAND NAGAR
                                ADHARTAL, JABALPUR, (MADHYA PRADESH)

                          3.    KU. SHEETAL PANDEY D/O ANJANI PANDEY,
                                AGED ABOUT 37 YEARS, R/O 270 ANAND NAGAR
                                ADHARTAL, JABALPUR, (MADHYA PRADESH)

                          4.    RAJSHRI PANDEY S/O ANJANI PANDEY, AGED
                                ABOUT 33 YEARS, R/O 270 ANAND NAGAR
                                ADHARTAL, JABALPUR, (MADHYA PRADESH)

                                                                               .....PETITIONER
                          (BY SHRI KAPIL PATWARDHAN - ADVOCATE)

                          AND
                          1.    MOHAMMAD SHAHID S/O MOHAMMAD GAFFAR,
                                AGED ABOUT 42 YEARS, R/O BEHIND CIRCUIT
                                HOUSE PWD QUARTER KHANSAMA QUARTER
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          2.    SMT. SEETA DEVI MANGE W/O SUBHASH MANGE
                                R/O WARD NO. 28 MAYOOR NAGAR BALAGHAT
                                DISTRICT BALAGHAT PINCODE 481001 (VEHICLE
                                OWNER NO. M.P. 50P./0108) (MADHYA PRADESH)

                          3.    MANAGER UNITED INDIA INSURANCE COMPANY
                                IN FRONT OF ASHOKA HOTEL WRIGHT TOWN
                                JABALPUR PINCODE 481001 (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                          (BY SHRI SURESH RAJ - ADVOCATE)
Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 24-Apr-23
2:11:23 PM
                                                                 2
                                    This appeal coming on for admission this day, th e court passed the
                          following:
                                                                 ORDER

This appeal is filed by the claimants being aggrieved of the awards dated 23.03.2022 passed by learned 15th Additional Member Motor Accident Claims Tribunal, Jabalpur, in MACC No.01/2014 on a singular ground that three of the claimants who are the daughters of deceased-Anjani Pandey, are entitled to a sum of Rs.40,000/- each under the head of loss of parental consortium in the light of the law laid down by the Supreme Court in United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur and Ors. :(2021) 11 SCC

This aspect is not disputed by Shri Suresh Raj, but in view of the Judgment of Hon'ble Supreme Court, which is binding on this Court under Article 141 of the Constitution of India, it is directed that claimants will be entitled to additional sum of Rs.1,20,000/- under the head parental consortium and this additional amount of Rs.1,20,000/- will earn interest @7% per annum from the date of filing of the claim petition till the date of actual payment.

In above terms appeal is disposed of.

(VIVEK AGARWAL) JUDGE Loretta

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 24-Apr-23 2:11:23 PM