Madhya Pradesh High Court
Smt. Vati Ahirwar vs Rajesh Yadav on 20 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 20 th OF DECEMBER, 2023
MISC. APPEAL No. 1038 of 2021
BETWEEN:-
1. SMT. VATI AHIRWAR W/O MAIYADEEN
AHIRWAR, AGED ABOUT 47 YEARS, OCCUPATION:
HOUSE WIFE VILLAGE PIPAURA P.S. MATGUWAN
DISTT. CHHATARPUR CURRENTLY R/O VILLAGE
WARD NO.3 BIJAWAR DISTT. CHHATARPUR
(MADHYA PRADESH)
2. RAMKALI AHIRWAR D/O MAIYADEEN AHIRWAR,
AGED ABOUT 20 YEARS, OCCUPATION: STUDENT,
R/O VILLAGE PIPAURA, POLICE STATION
MATGUWAN, DISTT. CHHATARPUR , CURRENTLY,
R/O. VILLAGE WARD NO. 3, BIJAWAR, DISTT.
CHHATARPUR (MADHYA PRADESH)
3. KU. KAUSHA AHIRWAR D/O MAIYADEEN
AHIRWAR, AGED ABOUT 16 YEARS, OCCUPATION:
THROUGH MOTHER VATI AHIRWAR VILLAGE
PIPAURA, POLICE STATION MATGUWAN, DISTT.
CHHATARPUR, CURRENTLY, R/O. VILLAGE WARD
NO. 3, BIJAWAR, DISTT. CHHATARPUR (MADHYA
PRADESH)
4. GOVINDA AHIRWAR S/O MAIYADEEN AHIRWAR,
AGED ABOUT 14 YEARS, OCCUPATION: THROUGH
MOTHER VATI AHIRWAR VILLAGE PIPAURA,
POLICE STATION MATGUWAN, DISTT.
CHHATARPUR, CURRENTLY, R/O. VILLAGE WARD
NO. 3, BIJAWAR, DISTT. CHHATARPUR (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI SHAILENDRA SINGH PATEL - ADVOCATE)
AND
1. RAJESH YADAV S/O SADHURAM YADAV
OCCUPATION: DRIVER, R/O VILLAGE
GONCHIPURA TEHSIL BADAMALHARA DISTT.
CHHATARPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 22-12-2023
18:40:48
2
2. RAJESH KUMAR AWASTHI S/O SHRI BABULAL
AWASTHI OCCUPATION: NOT MENTION, R/O
BADAMALHARA, TEH. BADAMALHARA, DISTT.
CHHATARPUR (MADHYA PRADESH)
3. THE NEW INDIA INSURANCE COMPANY LIMITED,
JAWAHAR MARG, MAIN ROAD, CHHATARPUR
TEH. AND DISTT. CHHATARPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI GULAB CHAND SOHANE - ADVOCATE FOR RESPONDENT NO.3)
MISC. APPEAL No. 1145 of 2021
BETWEEN:-
THE NEW INDIA INSURANCE CO. LTD THR. BRANCH
MANAGER JAWAHAR MARG, MAIN ROAD,
CHHATARPUR TAHSIL AND DISTT CHHATARPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI RAKESH JAIN - ADVOCATE)
AND
1. SMT. BATI AHIRWAR W/O MAIYADEEN
AHIRWAR, AGED ABOUT 47 YEARS, R/O VILLAGE
PIPAURA, POLICE STATION MATAGUWAN,
CHHATARPUR AT PRESENT R/O VILLAGE WARD
NO.3, BIJAWAR, DISTT. CHHATARPUR (MADHYA
PRADESH)
2. RAMKLI AHIRWAR D/O MAIYADEEN AHRIWAR,
AGED ABOUT 20 YEARS, OCCUPATION: NOT
M EN TI O N , R/O VILLAGE PIPAURA, POLICE
STATION MATAGUWAN, CHHATARPUR AT
PRESENT R/O VILLAGE WARD NO.3, BIJAWAR,
DISTT. CHHATARPUR (MADHYA PRADESH)
3. KU. KAUSHA AHIRWAR D/O MAIYADEEN
AHIRWAR, AGED ABOUT 16 YEARS, OCCUPATION:
THROUGH MOTHER BATI AHIRWAR R/O
VILLAGE PIPAURA, POLICE STATION
MATAGUWAN, CHHATARPUR AT PRESENT R/O
VILLAGE WARD NO.3, BIJAWAR, DISTT.
CHHATARPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 22-12-2023
18:40:48
3
4. GOVIND AHIRWAR S/O MAIYADEEN AHIRWAR,
AGED ABOUT 14 YEARS, OCCUPATION: THROUGH
MOTHER BATI AHIRWAR R/O VILLAGE PIPAURA,
POLICE STATION MATAGUWAN, CHHATARPUR
AT PRESENT R/O VILLAGE WARD NO.3, BIJAWAR,
DISTT. CHHATARPUR (MADHYA PRADESH)
5. RAJESH YADAV S/O SADHURAM YADAV
OCCUPATION: NOT MENTION VILLAGE
GONCHIPURA, TAH. BADAMALAHARA, DISTT.
CHHATARPUR (MADHYA PRADESH)
6. RAJESH KUMAR AWASTHI S/O SHRI BABULAL
AWASTHI OCCUPATION: NOT MENTION
BADAMALAHRA, TEH. BADAMALAHRA, DISTT.
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHAILENDRA SINGH PATEL - ADVOCATE FOR RESPONDENTS
NO.1 TO 4)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
These appeals have been filed by the claimants and insurance company
respectively being aggrieved of award dated 12/01/2021 passed by learned 2nd
Additional Motor Accident Claims Tribunal, Bijawar, Distt. Chhatarpur in
MACC No.36/2020 only on the ground of quantum.
2. As far as claimants are concerned, their contention is that for an accident
which took place on 20/09/2018 notional income of the deceased at Rs.5,500/-
per month is on lower side. Notional income even for an unskilled labourer on
the date of accident was to the tune of Rs.7,325/- per month. It is submitted
that learned Claims Tribunal has made incorrect deduction of 1/4 overlooking to
the fact that the deceased was bachelor. Even if his family is considered to be
dependent on him, then 1/3rd deduction is to be made in light of para-15 of the
judgment of Hon'ble Supreme Court in the case of Sarla Verma (Smt.) and
others Vs. Delhi Transport Corporation and others (2009) 6 SCC 121.
3. After hearing learned counsel for the parties and going through the
record, after making 1/3rd deduction, net dependency comes out to
Rs.4,883.33 per month or Rs.58,600/- per annum. When 40% is to be added
towards future prospects and multiplier of 18, as applied by the Tribunal, is
applied, then pecuniary compensation will come out to Rs.14,76,720/- in place
of Rs.11,66,400/-. Thus, there will be enhancement to the tune of
Rs.3,10,320/- in favour of the claimants. The enhanced amount of
Rs.2,00,000/- will carry interest @ 6% per annum from the date of filing of
claim petition till the date of actual payment and enhanced amount of
Rs.1,10,320/- will carry interest @ 6% from today till the date of actual
payment. Other terms and conditions of the award shall remain intact.
4. This additional amount along with accrued interest shall remain invested
in a Monthly Income Scheme of the Indian Post Office or a Nationalized Bank
for a period of ten years. The claimants will be entitled to utilize its monthly
interest for their well being and maintenance, but the principal amount will not
allowed to be withdrawn for a period of ten years.
5. In above terms, both the miscellaneous appeals are disposed of.
(VIVEK AGARWAL)
JUDGE
ts
