Sukhdev Jamre vs Nilesh
2023 Latest Caselaw 12554 MP

                                                       1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                          HON'BLE SHRI JUSTICE HIRDESH
                                             ON THE 4 th OF AUGUST, 2023
                                            MISC. APPEAL No. 4420 of 2019

                           BETWEEN:-
                           UNITED INDIA INSURANCE CO.LTD. ATUL COMPLEX,
                           ANAND NAGAR, KHANDWA THR. TP HUB, IDA
                           BUILDING INDORE (MADHYA PRADESH)

                                                                               .....APPELLANT
                           (SHRI SUDHIR DANDWATE, LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           1.    SUKHDEV JAMRE S/O SHRI BHADER JAMRE,
                                 AGED ABOUT 30 YEARS, R/O GRAM JAMDABEDI
                                 TEHSIL BARWANI DISTRICT BADWANI (MADHYA
                                 PRADESH) (ORIGINAL APPLICANT)

                           2.    NILESH PATIDAR S/O SHRI MAHADEV PATIDAR,
                                 R/O GRAM KUKRA BASAHAT, TEHSIL AND
                                 DISTRICT   BADWANI    (MADHYA PRADESH)
                                 (VEHICLE DRIVER)

                           3.    PRADEEP PRAJAPAT S/O SHRI       KAILASH
                                 PRAJAPAT, R/O GRAM KUKRA BASAHAT, TEHSIL
                                 AND DISTRICT BADWANI (MADHYA PRADESH)
                                 (VEHICLE OWNER)

                                                                             .....RESPONDENTS
                           (SHRI NILESH SHARMA, LEARNED COUNSEL FOR RESPONDENT NO.1)

                                           MISC. APPEAL No. 4600 of 2019

                           BETWEEN:-
                           SUKHDEV JAMRE S/O SHRI BHADER JAMRE,
                           AGED ABOUT 30 YEARS, R/O GRAM JAMDABEDI
                           TEHSIL BARWANI DISTRICT BADWANI (MADHYA
                           PRADESH) (ORIGINAL APPLICANT)

                                                                            .....APPELLANT
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 07-08-2023
10:43:54
                                                      2
                           (SHRI NILESH SHARMA LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           1.       NILESH PATIDAR S/O SHRI MAHADEV
                                    PATIDAR, R/O GRAM KUKRA BASAHAT,
                                    TEHSIL AND DISTRICT BADWANI (MADHYA
                                    PRADESH) (VEHICLE DRIVER)

                           2.       PRADEEP PRAJAPAT S/O SHRI KAILASH
                                    PRAJAPAT, R/O GRAM KUKRA BASAHAT,
                                    TEHSIL AND DISTRICT BADWANI (MADHYA
                                    PRADESH) (VEHICLE OWNER)

                           3.       UNITED INDIA INSURANCE CO.LTD. ATUL
                                    COMPLEX, ANAND NAGAR, KHANDWA THR.
                                    TP HUB, IDA BUILDING INDORE (MADHYA
                                    PRADESH)

                                                                    .....RESPONDENTS
                           (SHRI SUDHIR DANDWATE, LEARNED COUNSEL FOR RESPONDENT
                           NO.3)

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

Both these appeals are decided together as they arise out of the same award. M.A.No.4420/2019 is filed by the Insurance Company seeking reduction of compensation and M.A.No.4600/2019 is filed by the appellant/claimant and seeking enhancement of compensation under Section 173 of the Motor Vehicles Act, 1988 against the award dated 08.05.2019 passed by the Additional Member, Motor Accident Claims Tribunal, Badwani in Claim Case No.398/2017.

2. Date of accident, negligence and issue of liability is not in dispute, however, the finding recorded by the Claims Tribunal in this regard is not in question. As per the finding of the Tribunal, in case of permanent disability of claimant Sukhdev Jamre, the amount of compensation of Rs.8,18,200/- alongwith interest has been allowed by the Tribunal. Signature Not Verified Signed by: REENA JOSEPH Signing time: 07-08-2023 10:43:54

3. Learned counsel for the appellant in M.A.No.4420/2019 submits that this appeal is filed on the ground that the learned Tribunal has erred in adding 40% income towards future prospects, whereas in a recent judgment of Gwalior Bench of this Court in M.A.No.976/2015 Kiran Devi Vs. Anil Kumar Dubey decided on 04.05.2019 considering the judgment of the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680 has distinguished between self employed and daily wager or a person who worked for others as and when gets the work. He further submitted that additional future prospect can be made where a person is self employed or under permanent job, as such addition of future prospect in income in the present case was uncalled for. He further submitted that in the present case, no proof of income has been adduced by the claimant and shown the claimant to be an agriculturist without there being any evidence to that effect. Addition of future prospect is contrary to the view taken by the Gwalior Bench. So, on the above ground, the appellant/Insurance Company in M.A.No.4420/2019 prays to deduct the amount of future prospect awarded by the Tribunal.

4. Learned counsel for the appellant/claimant in M.A.No.4600/2019 filed the appeal for enhancement of compensation on the ground that the Tribunal committed grave error of law in not properly awarding compensation while the

present appellant suffered injuries on head, hand and other parts of the body and had not even properly assessed the monthly income and permanent disability. Hence, prays for enhancement of the compensation amount.

5. Both the learned counsel have opposed the appeals of each other.

6. Heard the learned counsel for the parties and perused the record.

7. In the case of Hemraj Vs. Oriental Insurance Company Limited Signature Not Verified Signed by: REENA JOSEPH Signing time: 07-08-2023 10:43:54

(2018) 15 SCC 654, the Apex Court held that for future prospect, income determined on the guesswork is also to be awarded. So, the submission of the learned counsel for the appellant in (M.A.No.4420/2019) is not sustainable in law. It is the settled law that when the claimant is not a Government servant, not self employed and even he is a labourer, his income is assessed as guess work, then he must be entitled for future prospect. So in view of the above discussion, the appeal filed by the appellant/Insurance Company is dismissed.

8. Perusing the record it is found that Tribunal assessed the monthly income of the claimant as Rs.6,000/- per month and the accident occurred in the year 2017, therefore, in view of the fact that the accident occurred in the year 2017, the Tribunal is absolutely correct in assessing the income of the claimant as Rs.6,000/- per month. The Tribunal awarded Rs.8,18,200/- amount of compensation assessing 25% permanent disability, 40% for future prospect and applied the multiplier of 16 as per the case of Sarla Verma and others Vs. Delhi Transport Corporation 2009 ACJ 1298 . The Tribunal awarded just and proper amount in other heads also.

9. In view of the aforesaid discussion, this Court is of the opinion that the Tribunal has awarded just and proper amount of compensation. Hence, no case is made out for interference in the impugned award passed by the Tribunal in the appeal filed by the appellant/claimant. Accordingly, M.A.No.4600/2019 is also dismissed.

(HIRDESH) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 07-08-2023 10:43:54