Madhya Pradesh High Court
Pari Bai vs Raju @ Narendra on 21 August, 2023
Author: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 21 st OF AUGUST, 2023
MISC. APPEAL No. 1829 of 2018
BETWEEN:-
1. PARI BAI W/O HIRALAL LACHETA SIRVI, AGED
ABOUT 35 YEARS, OCCUPATION: HOUSEWIFE
2. KU. MAMTA D/O HIRALAL LACHETA SIRVI AGED
ABOUT 19 YEARS, OCCUPATION: STUDY
3. KU. KRISHNA D/O HIRALAL LACHETA SIRVI,
AGED ABOUT 10 YEARS, OCCUPATION STUDY
4. HARIOM S/O HIRALAL LACHETA SIRVI AGED 07
YEARS, OCCUPATION NOTHING
(APPELLANT NO.3 & 4 THROUGH THEIR MOTHER
PARI BAI W/O HIRALAL LACHETA SIRVI)
5. NARAYAN S/O PURAJI LACHETA SIRVI, AGED
ABOUT 75 YEARS, OCCUPATION: NOTHING
6. TEJI BAI W/O NARAYAN LACHETA SIRVI, AGED
ABOUT 72 YEARS, OCCUPATION: NOTHING
ALL RESIDENT OF TEHSIL PETLAWAD, DISTRICT
JHABUA
.....APPELLANTS
(SHRI ADITYA SINGH TOMAR, LEARNED COUNSEL FOR THE
APPELLANTS).
AND
1. RAJU @ NARENDRA S/O NANDLAL SOLANKI,
AGED ABOUT 30 YEARS, OCCUPATION: DRIVER
ADD. SIRVI MOHALL, TEH.-PETLAWAD, JHABUA
(MADHYA PRADESH)
2. CHETAN S/O GANESH PARMAR, AGED ABOUT 35
YE A R S , OCCUPATION: OWNER ADD. SIRVI
MOHALLA, TEHSIL PETLAWAD, DISTRICT
JHABUA (MADHYA PRADESH)
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/22/2023
5:03:39 PM
2
3. IFFCO TOKYO GENERAL INSURANCE CO. LTD.
OFFICE : FIRST FLOOR, 7, RACE COURSE ROAD,
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MAYANK UPADHYAY, LEARNED COUNSEL FOR THE
RESPONDENT [R-3].
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This appeal by the claimants under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 10.02.2018 passed by Addl. MACT,
Jhabua in MACC no.36/2017 seeking enhancement of the amount of
compensation awarded by the Tribunal.
The date of accident, negligence and the issue of liability are not in
dispute and the findings recorded by the Tribunal in this regard are also not in
question. As per the finding of the Tribunal for the death of deceased Hiralal,
the Tribunal has awarded a compensation amount of Rs.8,26,000/- along with
interest. The break up of the compensation amount is as under:
Loss of dependency -Rs.7,56,000/- (i.e. Rs.54000x14)
Compensation under the
other conventional heads -Rs.70,000/-
-----------------
TOTAL Rs.8,26,000/-
=============
Learned counsel for the appellants submits that the Tribunal has
committed an error in awarding adequate amount of compensation as the
amount awarded by the Tribunal is on the lower side. The Tribunal has
committed an error in not awarding any compensation towards future prospects
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/22/2023
5:03:39 PM
in the light of the Apex Court judgment in the case of Pranay Sethi. The
compensation awarded under the other conventional heads is also on the lower
side, hence prays for just and proper amount of compensation in the matter.
On the other hand, learned counsel for the Insurance Company has
argued in support of the impugned award and contended that the Claims
Tribunal has rightly awarded the compensation amount in the matter which does
not call for any interference by this Court.
After hearing learned counsel for the parties and going through the
record, I find substance in the argument of the counsel for the appellant. The
deceased was about 45 years at the time of the accident and he was an
agriculturist. The Tribunal has not awarded any amount towards future
prospects. In the facts and circumstances of the case, in the considered opinion
of this Court, the compensation awarded by the Tribunal deserves to be
enhanced as under:
Loss of dependency -Rs.7,56,000/- (i.e. Rs.54000x14)
Future prospects -Rs.1,89,000/- (25%)
Consortium -Rs.2,40,000/- (i.e. Rs.40,000x6)
Funeral -Rs.15,000/-
Loss of estate -Rs.15000/-
------------------
TOTAL Rs.12,15,000/-
=========
Hence, the appellants are entitled to the total compensation of
Rs.12,15,000/- as against the award of the Tribunal of Rs.8,26,000/-.
Accordingly, the appellants are entitled to an additional sum of Rs.3,89,000/-
over and above the amount which has been awarded by the Tribunal.
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/22/2023
5:03:39 PM
Accordingly, the appeal is partly allowed by enhancing the compensation
amount by a sum of Rs.3,89,000/-. The enhanced amount shall bear interest at
the same rate as awarded by the Tribunal. The other findings recorded by the
Tribunal shall remain intact.
(HIRDESH)
JUDGE
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/22/2023
5:03:39 PM
