Madhya Pradesh High Court

Smt Krishna Bai vs Mujaffar Hussain on 11 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 11 th OF DECEMBER, 2023
MISC. APPEAL No. 4544 of 2019

BETWEEN:-
1. SMT. MUNNI BAI W/O LATE MUKUND SINGH,
AGED ABOUT 48 YEARS, OCCUPATION:
HOUSEHOLD H. NO. 22-2 VILL. MAD PIPARIYA P.S.
AND TAH. ATAN DISTT. JABALPUR (MADHYA
PRADESH)

2. VIJAY SINGH S/O LATE MUKUND SINGH, AGED
ABOUT 27 YEARS, OCCUPATION: CULTIVATION
H.NO. 22/2 VILLAGE MAD PIPARIYA P.S. AND
TEHSIL PATAN (MADHYA PRADESH)

3. RAVI @ RANVEER S/O LATE MUKUND SINGH,
AGED ABOUT 30 YEARS, OCCUPATION:
CULTIVATION H.NO. 22/2 VILLAGE MAD PIPARIYA
P.S. AND TEHSIL PATAN (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI AMIT PANDEY - ADVOCATE)

AND
1. MUJAFFAR HUSSAIN S/O MOHD . FARUK, AGED
ABOUT 47 YEARS, H. NO. 38 VILL. GAJIPUR POST
HATHIPUR CHHITTU TEH. BILARI MURABABAD
U.P. (UTTAR PRADESH)

2. / NATIONAL INSURANCE COMPANY LTD. RUSSEL
CHOWK JABALPUR (MADHYA PRADESH)

.....RESPONDENTS
(MS. ASGARI KHAN - ADVOCATE FOR THE RESPONDENT NO.2)

MISC. APPEAL No. 4533 of 2019

BETWEEN:-
1. RAVI @ RANVEER S/O LATE MUKUND SINGH,
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 13-12-2023
09:38:20
2
AGED ABOUT 30 YEARS, OCCUPATION:
CULTIVATION H.NO. 22/2 VILLAGE MAD PIPARIYA
P.S. AND TEHSIL PATAN (MADHYA PRADESH)

2. SMT. RADHA @ REKHA BAI W/O RAVI @
RANVEER, AGED ABOUT 28 YEARS, OCCUPATION:
HOUSE WIFE R/O H.NO.22/2, VILLAGE MAD
PIPARIYA, P.S. AND TAHSIL PATAN (MADHYA
PRADESH)

.....APPELLANTS
(BY SHRI AMIT PANDEY - ADVOCATE)

AND
1. MUJAFFAR HUSSAIN S/O MOHD. FARUK, AGED
ABOUT 47 YEARS, H.NO. 38 VILLAGE GAJIPUR
POST HATHIPUR CHITTU TAHSIL BILARI
MURADABAD (UTTAR PRADESH)

2. / NATIONAL INSURANCE COMPANY LTD.
ADDRESS RUSSEL CHOWK, (MADHYA PRADESH)

.....RESPONDENTS
(BY MS. ASGARI KHAN - ADVOCATE FOR THE RESPONDENT NO.2)

MISC. APPEAL No. 4545 of 2019

BETWEEN:-
1. SMT KRISHNA BAI W/O LATE DENAL SINGH,
AGED ABOUT 35 YEARS, OCCUPATION:
HOUSEHOLD R/O 65, VILL. DHANETA P.S. AND
TAH. PATAN (MADHYA PRADESH)

2. DRUGESH SINGH S/O LATE DENAL SINGH, AGED
ABOUT 18 YEARS, OCCUPATION: STUDENT 65
VILLAGE DHANETA P.S. AND TAHSIL PATAN
(MADHYA PRADESH)

3. YOGESH SINGH MINOR THOROUGH HIS
NATURAL GUARDIAN MOTHER SMT KRISHNA
BAI W/O LATE DENAL SINGH S/O LATE DENAL
SINGH, AGED ABOUT 15 YEARS, OCCUPATION:
STUDENT 65 VILLAGE DHANETA P.S. AND TAHSIL
PATAN (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI AMIT PANDEY - ADVOCATE)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 13-12-2023
09:38:20
3
AND
1. MUJAFFAR HUSSAIN S/O MOHD. FARUK, AGED
ABOUT 47 YEARS, H.NO. 38, VILL. GAJUPUR POST
HATHIPUR CHHITTU TAH. BILARI (UTTAR
PRADESH)

2. NATIONAL INSURANCE CO. LTMITTED
NATIONAL INSURANCE COMPANY RUSSEL
CHOWK JABALPUR (MADHYA PRADESH)

.....RESPONDENTS
(BY MS. ASGARI KHAN - ADVOCATE FOR THE RESPONDENT NO.2)

This appeal coming on for admission this day, th e court passed the
following:
ORDER

Shri Amit Pandey, learned counsel for the claimants submits that in Misc. Appeal No.4533/2019, he has paid deficit court fees of Rs.500/- vide Online Court Fee ID No.301372/2023, Misc. Appeal No.4544/2019, he has paid deficit court fees of Rs.3625/- vide Online Court Fee ID No.301358/2023, Misc. Appeal No.4545/2019, he has paid deficit court fees of Rs.4968/- vide Online Court Fee ID No.301386/2023 dated 11.12.2023 along with application and prays for permission to amend the valuation. In support of the said submission he has filed a copy of Online Court Fee ID No.140083/2023 dated 23.06.2023, therefore, prayer is made that the Court fee may be taken on record.

2. These appeals under Section 173(1) of the Motor Vehicles Act, 1988, are

filed by claimants being aggrieved of award dated 08.04.2019, passed by learned Member, Motor Accident Claims Tribunal, Jabalpur (M.P.), in Claim Case No.1185/2017 (Smt. Krishna Bai W/o late Delan Singh and others), Claim Case No.1159/2017 (Ravi @ Ranveer Singh), on account of death of their six years old son, namely, Krishna @ Yogendra and Mukund Singh, on the ground

that learned Tribunal has awarded inadequate compensation in all the three cases.

3. It is submitted that as far as Misc. Appeal No.4533/2019, filed by Ravi is concerned, son Krishna was six years old, learned Tribunal has awarded only a sum of Rs.2,55,000/- (Rupees Two Lacs and Fifty Five Thousand) as compensation.

4. Reliance is placed on the judgment of Supreme Court in Meena Devi Vs. Nunu Chand Mahto alias Nemchand Mahto and others[(2023) 1 SCC 204] and submits that even in Lok Adalat, Court is paying Rs.4,25,000/- (Rupees Four Lacs and Twenty Five Thousand). Thus, there is scope for enhancement of Rs.1,70,000/- (Rupees One Lac and Seventy Thousand).

5. In Misc. appeal filed by Ravi @ Ranveer, since appeal is valued at Rs.1,50,000/- (Rupees One Lac and Fifty Thousand), though prayer is opposed by Ms. Asgari Khan, learned counsel appearing for the Insurance Company,, but in view of the law laid down by the Supreme Court in Meena Devi (supra), claimants are entitled to a sum of Rs.1,70,000/- (Rupees One Lac and Seventy Thousand), in addition to the amount awarded by learned Claims Tribunal.

6. Thus, this additional amount of Rs.1,70,000/- (Rupees One Lac and Seventy Thousand) be paid to the claimants along with the interest @ 6% per annum from the date of filing of the Claim Petition till the date of actual payment.

7. As far as appeal (Misc. Appeal No.4544/2019) is concerned, it has come on record that deceased Kundan @ Mukund Singh was 50 years of age. Accident took place on 19.07.2017. Tribunal has considered income of deceased at Rs.5,000/- (Rupees Five Thousand) per month, whereas, minimum

wages for an unskilled labourer were to the tune of Rs.7125/- (Rupees Seven Thousand, One Hundred and Twenty Five) per month.

8. Similarly, in case of Delan Singh, who was aged about 40 years, Tribunal has considered Rs.5,000/- (Rupees Five Thousand) as notional income, whereas, minimum wages for an unskilled labourer on the date of accident i.e. 19.04.2017, were to the tune of Rs.7125/- (Rupees Seven Thousand, One Hundred and Twenty Five) per month.

9. In both the cases, 1/3rd deduction is to be made from the notional income of the deceased.

10. Therefore, in the appeal filed by Munni Bai, when notional income is Rs.7125/- (Rupees Seven Thousand and Twenty Five) or Rs.85,500/- (Rupees Eighty Five Thousand and Five Hundred) per annum, then after deduction of

1/3rd towards the living expenses of the deceased, then net dependency comes out to Rs.57,000/- (Rupees Fifty Seven Thousand).

11. In case of Munni Bai, since deceased was 50 years of age, therefore, 10% is to be added towards the future prospects and then when multiplier of 13 is applied, as applied by the learned Tribunal, then total pecuniary compensation will come out to Rs.8,15,100/- (Rupees Eight Lacs, Fifteen Thousand and One Hundred), over and above which claimants are entitled to a sum of Rs.70,000/- (Rupees Seventy Thousand) under the head of non-pecuniary compensation and Rs.80,000/- (Rupees Eighty Thousand) under the head of loss of parental consortium, taking total compensation of Rs.9,65,000/- (Rupees Nine Lacs, Sixty Five Thousand), in place of Rs.7,20,000/- (Rupees Seven Lacs, Twenty Thousand), awarded by learned Claims Tribunal.

12. Thus, there will be enhancement to the tune of Rs.2,45,100/- (Rupees

Two Lacs, Forty Five Thousand and One Hundred), which will be admissible in favour of claimants. Out of the aforesaid amount of Rs.2,45,100/-, Rs.1,00,000/- (Rupees One Lac) will carry interest @ 6% per annum from the date of filing of the Claim Petition till the date of actual payment and rest amount of Rs.1,45,100/- (Rupees One Lac, Forty Five Thousand and One Hundred) will carry interest @6% per annum from the date of payment of Court Fees i.e. from today.

13. Similarly, in case of death of Delan Singh, since age of deceased was less than 40 years, therefore, 25% is to be added towards future prospects and then when multiplier of 15 is applied as applied by the learned Tribunal, then total pecuniary compensation will come out to Rs.10,68,750/- (Rupees Ten Lacs, Sixty Eight Thousand, Seven Hundred and Fifty), in this amount Rs.70,000/- (Rupees Seventy Thousand) is added under the head of non-pecuniary compensation and Rs.80,000/- (Rupees Eighty Thousand) is added towards loss of parental consortium, taking total compensation to Rs.12,18,750/-

(Rupees Twelve Lacs, Eighteen Thousand, Seven Hundred and Fifty) in place of Rs.8,20,000/- (Rupees Eight Lacs and Twenty Thousand).

14. Thus, there will be enhancement of Rs.3,98,750/- (Rupees Three Lacs, Ninety Eight Thousand, Seven Hundred and Fifty), which will be admissible in favour of claimants in Misc. Appeal No.4545/2019. Out of this amount of Rs.3,98,750/- ((Rupees Three Lacs, Ninety Eight Thousand, Seven Hundred and Fifty), Rs.2,00,000/- (Rupees Two Lacs) will carry interest @ 6% per annum from the date of filing of Claim Petition till the date of actual payment and rest amount of Rs.1,98,750/- (Rupees One Lac, Ninety Eight Thousand, Seven Hundred and Fifty) will carry interest @6% per annum from the date of payment of Court Fees i.e. from today.

1 5 . The additional amount will remain invested in a monthly scheme of an Indian Post Office/Nationalised Bank in the joint name of the claimants for a period of ten years. They will use the monthly interest incurred from the fixed deposit for their well being and survival but the principal amount shall not be disbursed to them for the aforesaid period without leave of this Court.

16. In above terms, appeals are disposed of.

(VIVEK AGARWAL) JUDGE A.Praj.