Madhya Pradesh High Court
Smt. Sonubai vs Sander Singh on 1 August, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1 st OF AUGUST, 2023
MISC. APPEAL No. 6619 of 2019
BETWEEN:-
1. SMT. SONUBAI W/O LATE PRAVENDRA @
PRAVEEN, AGED ABOUT 31 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE IMLIYA P.S. SILWANI
TAHSIL SILWANI (MADHYA PRADESH)
2. RAJA S/O LATE PRAVENDRA @ PRAVEEN, AGED
ABOUT 6 YEARS, OCCUPATION: MINOR
THROUGH NATURAL GUARDIAN MOTHER SMT.
SONU BAI VILLAGE IMLAIYA PS SILWANI TAH.
SILWANI (MADHYA PRADESH)
3. RAJBAHADUR S/O LATE PRAVENDRA @
PRAVEEN, AGED ABOUT 4 YEARS, OCCUPATION:
MINOR THROUGH NATURAL GUARDIAN
MOTHER SMT. SONU BAI VILLAGE IMLAIYA PS
SILWANI TAH. SILWANI (MADHYA PRADESH)
4. AMAR SINGH S/O BABULAL, AGED ABOUT 52
YEAR S , VILLAGE IMLAIYA PS SILWANI TAH.
SILWANI (MADHYA PRADESH)
5. SANJA BAI W/O AMAR SINGH, AGED ABOUT 48
YE A R S , OCCUPATION: HOUSEWIFE VILLAGE
IMLAIYA PS SILWANI TAH. SILWANI (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI RAM SUPHAL CHATURVEDI - ADVOCATE)
AND
1. SANDER SINGH S/O SOUDAN SINGH, AGED
ABOUT 39 YEARS, VILLAGE BORI RAMPUR POST
SIHOD P.S. GYARASPUR (MADHYA PRADESH)
2. SOURABH S/O CHOTELAL THAKUR, AGED ABOUT
26 YEARS, VILLAGE BORI RAMPUR POST SIHOD
P.S. GYARASPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
8/1/2023 7:21:03 PM
2
3. MANAGER NATIONAL INSURANCE COMPANY
L T D . CIVIL LINE RAJEEV NAGAR VIDISHA
(MADHYA PRADESH)
.....RESPONDENTS
(INSURANCE COMPANY BY SHRI D.N.SHUKLA - ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for Appellants/Claimants submits that he has paid
Deficit Court Fee and in support of the said submission, he has filed a copy of
Online Court Fees Cyber Receipt of Rs.25,000/- under Covering Memo
No.4983/2023, therefore, the Court fee may be taken on record.
On due consideration, the Deficit Court Fee is taken on record.
This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles
Act, 1988 is filed by the Claimants being aggrieved of award dated 30.10.2019
passed by learned 1st Additional Motor Accident Claims Tribnal-Begumganj,
District Raisen in Claim Case No.4/2017.
Learned counsel for the Appellants submits that the Claims Tribunal has
arbitrarily exonerated the Insurance Company on account of the driver of the
Offending Vehicle not possessing a Valid Driving Licence at the time of the
accident, which took place on 4.11.2016 when deceased Pravendra @ Praveen,
who was on foot, was hit by Motorcycle bearing registration No.MP40-ML-
8380. The order should have been of Pay & Recover in the light of the
judgment of the Apex Court in Pappu & Others versus Vinod Kumar
Lamba & Another (2018) 3 SCC 208. The Claims Tribunal has considered
the income of the deceased at Rs.5,000/- per month whereas the deceased was
a JCB Driver. The minimum wages even for a Skilled Labourer on the date of
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
8/1/2023 7:21:03 PM
the accident were to the tune of Rs.8,185/- Per Month and, therefore, the
computation should have been made on the basis of the aforesaid minimum
wages.
Deceased Pravendra @ Praveen is survived by 5 Legal Heirs. Rs.8,185/-
Per Month or Rs.98,220/- Per Annum is taken into consideration as the income
of the deceased and 1/4th is to be deducted towards living expenses of the
deceased. The deceased was aged between 26 to 30 years at the time of the
accident and, therefore, 40% is to be added towards future prospect and
thereafter when multiplier of 17 as applied by the Claims Tribunal is applied
then the total pecuniary compensation will come out to Rs.17,53,227/- over and
above which the claimants are also entitled to a sum of Rs.70,000/- under the
heads of last rites, loss of estate, loss of consortium and two kids are also
entitled to a sum of Rs.40,000/- each under the head of loss of parental
consortium taking total compensation to Rs.19,03,227/- in place of
Rs.9,15,000/- awarded by the Claims Tribunal. Thus, there will be addition to
the tune of Rs.9,88,227/- (Rupees Nine Lakh Eighty-Eight Thousand Two
Hundred Twenty Seven Only), which will be admissible in favour of the
Claimants. Rs.9,88,227/- 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. Rs.9,88,227/- alongwith
accrued interest shall remain invested in a Monthly Income Scheme of an Indian
Post Office or a Nationalized Bank for a period of Ten Years.
In view of the law laid down by the Apex Court in Pappu & Others
versus Vinod Kumar Lamba & Another (supra), it is directed that since the
Insurance Policy is not in dispute and only there is breach of Insurance Policy
as the Driver o the Offending Vehicle was not possessing a Valid Driving
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
8/1/2023 7:21:03 PM
Licence at the time of the accident, it is directed that Respondent No.3/National
Insurance Company Limited shall pay the amount of compensation in favour of
the Claimants within sixty days from the date of receipt of certified copy of this
order and thereafter, Respondent No.3/National Insurance Company Limited
shall be free to recover the said amount from the Owner & Driver of the
Offending Vehicle.
In above terms, this Miscellaneous Appeal is disposed of.
Let record of the Claims Tribunal be sent back.
(VIVEK AGARWAL)
JUDGE
amit
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
8/1/2023 7:21:03 PM
