Oriental Insurance Company ... vs Smt. Rajvati Verma (Dhakad)
2023 Latest Caselaw 13450 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                    BEFORE
                                       HON'BLE SMT. JUSTICE SUNITA YADAV
                                            ON THE 18 th OF AUGUST, 2023
                                            MISC. APPEAL No. 3301 of 2022

                          BETWEEN:-
                          ORIENTAL INSURANCE COMPANY LIMITED MANAGER
                          INCHARGE T.P. HUB DIVISIONAL OFFICE ABOVE
                          HOTEL AMAR PALACE PHOOLBAGH CHAURAHA
                          (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY MR. NIRENDRA SINGH TOMAR - ADVOCATE)

                          AND
                          1.    SMT. RAJVATI VERMA (DHAKAD) W/O LATE
                                RAMGOPAL VERMA DHAKAD, AGED ABOUT 49
                                YEAR S , VILL. RAMGARH POST BHATNAWAR
                                TEHSIL POHARI DISS. SHIVPURI AT PRESENT PAN
                                PATTE KE GOTH LASHKAR (MADHYA PRADESH)

                          2.    SURENDRA DHAKAD S/O LATE SHRI RAMGOPAL
                                VERMA (DHAKAD), AGED ABOUT 27 YEARS,
                                VILLAGE   RAMGARH,      POST    BHATNAWAR,
                                TEHSILPOHARI, DIST. SHIVPURI AT PRESENT R/O
                                PAN PATTE KI GOTH, LASHKAR, GWLAIOR
                                (MADHYA PRADESH)

                          3.    RINKU VERMA S/O LATE SHRI RAMGOPAL
                                VERMA, AGED ABOUT 24 YEARS, VILLAGE
                                RAMGARH, POST BHATNAWAR, TEHSILPOHARI,
                                DIST. SHIVPURI AT PRESENT R/O PAN PATTE KI
                                GOTH, LASHKAR, GWLAIOR (MADHYA PRADESH)

                          4.    AMRATLAL DHAKAD (DELETED) S/O LATE SHRI
                                LATTU, AGED ABOUT 79 YEARS, VILLAGE
                                RAMGARH, POST BHATNAWAR, TEHSILPOHARI,
                                DIST. SHIVPURI AT PRESENT R/O PAN PATTE KI
                                GOTH, LASHKAR, GWLAIOR (MADHYA PRADESH)

                          5.    MUKESH S/O SHRI H.S. DHAKAD, VILLAGE
                                RAUKHEDA, TEHSIL POHARI, DIST. SHIVPURI
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 22-Aug-23
6:02:55 PM
                                                              2
                          6.    VISHNU SHARAN DHAKAD S/O SHRI GYANI
                                D HAKAD SONIPURA, ABOVE KHINNI KE PUL,
                                TEHSIL POHARI, DISTT. SHIVPURI (MADHYA
                                PRADESH)

                                                                                        .....RESPONDENTS
                          (MR. RAMESH PRASAD GUPTA - ADVOCATE FOR RESPONDENTS NO. 1
                          TO 4 - CLAIMANTS)

                                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 21.4.2022 passed by First Motor Accident Claims Tribunal, District Gwalior (M.P.) in MACC No. 179/2020 filed by respondents No. 1 to 4 - claimants for

grant of compensation on account of death of deceased Ramgopal Verma in a road traffic accident involving car bearing registration No. MP33-C-5598. At the time of accident, respondents No. 5 and 6 was the driver and owner of the offending vehicle respectively and the vehicle was insured with appellant - insurance company.

Respondents No. 5 and 6 filed their written statements and denied the allegations made in the claim petition and further stated that since the offending vehicle was insured with the appellant - insurance company, therefore, insurance company is liable to pay the compensation.

Appellant - insurance company filed its written statement and denied the averments made in the claim petition and also stated that at the time of accident, offending vehicle was being plied in breach of policy terms and conditions, therefore, insurance company is not liable to pay the compensation.

Learned claims tribunal after hearing both the parties and going through the evidence adduced before it partly allowed the claim petition of the claimants Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Aug-23 6:02:55 PM

and awarded compensation to the tune of Rs.31,69,782/- which was directed to be paid by respondents No. 5 and 6 as well as by the appellant - insurance company jointly and severely.

Learned counsel for the appellant has argued that the award passed by learned claims tribunal is contrary to law as well as to the facts available on record. The compensation awarded by learned claims tribunal is on the higher side and the same deserves to be reduced. Learned claims tribunal has also erred in awarding interest on the loss of future prospects. Hence, prayed to set aside the impugned award.

On the other hand, learned counsel for the claimants supported the impugned award and prayed for rejection of the appeal.

Heard learned counsel for the rival parties and perused the available record.

So far as interest on the compensation awarded under the head of "futures prospects" is concerned, learned claims tribunal has not committed any error in awarding the interest on the amount of compensation granted in the head of "future prospects".

In view of the above as well as in the light of the case laws of National Insurance Company vs. Pranay Sethi & Ors.; 2017 ACJ 2700 as well as Smt. Sarla Verma & Ors. vs. Delhi Transport Corporation & Ors.; AIR

2009 SC 3104, considering the monthly income of the deceased to be Rs.26006/-, 2/3rd Dependency (since father of the deceased has died and his name has been deleted from the array of cause-title), Multiplier of 11, Future Prospect @ 15% and 70,000/- in other heads, total compensation amount comes to Rs. 27,01,807/-. The tribunal has awarded a sum of Rs.31,69,782/- to the claimants. The decreased amount comes to Rs. 4,67,975/- (Rupees Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Aug-23 6:02:55 PM

Four Lakh Sixty Seven Thousand Nine Hundred and Seventy Five only). If the award amount has already been received by the claimants, They are directed to deposit the difference amount of Rs.4,67,975/- with interest within 12 weeks from the date of production of a certified copy of this order. Rest of the award impugned passed by the Tribunal shall remain intact.

Present miscellaneous appeal is disposed of accordingly.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 22-Aug-23 6:02:55 PM