The New India Assurance Company Ltd. vs Ramsumiran Dwivedi
2023 Latest Caselaw 22204 MP

Madhya Pradesh High Court

The New India Assurance Company Ltd. vs Ramsumiran Dwivedi on 22 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 22 nd OF DECEMBER, 2023
                                            MISC. APPEAL No. 4062 of 2023

                           BETWEEN:-
                           THE NEW INDIA ASSURANCE COMPANY LTD.
                           DIVISIONAL OFFICE NEAR PARIJAT HOTEL REWA
                           ROAD SATNA M.P.M, NOW REPRESENTED BY DEPUTY
                           MANAGER R/O T.P. HUB 668 RUSSEL CHOWK
                           CROSSING JABALPUR (MADHYA PRADESH)

                                                                             .....APPELLANT
                           (BY SHRI GULAB SOHANE - ADVOCATE )

                           AND
                           1.    RAMSUMIRAN DWIVEDI S/O LATE NAVAL
                                 KISHORE DWIVEDI, AGED ABOUT 70 YEARS, R/O
                                 WARD NO. 12 RAMPUR NAIKIN THANA AND TEH.
                                 RAMPUR NAIKIN AT PRESENT BEHIND JILA
                                 PANCHAYAT UTTAR KAROLIA SIDHI TEH. GOPAD
                                 BANAS DISTT. SIDHI (MADHYA PRADESH)

                           2.    HEMLATA PANDIT D/O RAMSUMIRAN DWIVEDI,
                                 AGED ABOUT 28 YEARS, R/O WARD NO.12
                                 RAMPUR NAIKIN THANA AND TEHSIL RAMPUR
                                 NAIKIN, AT PRESENT BEHIND JILA PANCHAYAT
                                 UTTAR KAROLIA, SIDHI, TEHSIL GOPAD BANAS,
                                 DISTRICT SIDHI (MADHYA PRADESH)

                           3.    SWARNLATA   PANDIT  D/O   RAMSUMIRAN
                                 DWIVEDI, AGED ABOUT 24 YEARS, R/O WARD
                                 NO.12 RAMPUR NAIKIN THANA AND TEHSIL
                                 RAMPUR NAIKIN, AT PRESENT BEHIND JILA
                                 PANCHAYAT UTTAR KAROLIA, SIDHI, TEHSIL
                                 GOPAD BANAS, DISTRICT SIDHI (MADHYA
                                 PRADESH)

                           4.    VIMLENDRA DWIVEDI      S/O RAMSUMIRAN
                                 DWIVEDI, AGED ABOUT 39 YEARS, R/O VILLAGE
                                 TAMRA THANA CHORHATA, TEHSIL HUJUR,
                                 DISTRICT REWA AT PRESENT WARD NO.12,
                                 RAMPUR NAIKIN, THANA AND TEHSIL RAMPUR
                                 NAIKIN (MADHYA PRADESH)
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 22-12-2023
18:40:48
                                                              2

                           5.    BALENDRA     VISHWAKARMA      S/O  GOVIND
                                 VISHWAKARMA, AGED ABOUT 29 YEARS, R/O
                                 VILLAGE MAJHIYAR (SEMARIA) THANA AND
                                 TEHSIL SEMARIA DISTRICT REWA DRIVER OF
                                 BUS NO. MP 19P/1882 (MADHYA PRADESH)

                           6.    KAMLESHWAR SINGH PARIHAR S/O K.P. SINGH
                                 PARIHAR, AGED ABOUT 30 YEARS, R/O VILLAGE
                                 SIJHATA,   THANA AND      TEHSIL RAMPUR
                                 BAGHELAN, DISTRICT SATNA OWNER OF BUS
                                 NO. MP19P/1882 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI VIVEK AGRAWAL - ADVOCATE FOR RESPONDENT NO.1)

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

This appeal is filed by the insurance company being aggrieved of award dated 21st March, 2023 passed by learned Motor Accident Claims Tribunal, Sidhi in Claim Case No.38/2023 on three grounds; namely this claim is filed by the husband and children of deceased lady. Tribunal has made 1/4th deduction which should have been 1/3rd. Age of the deceased has come on record as 55 years, therefore, 10% future prospects will be admissible but learned Claims Tribunal has computed future prospects @ 40%.

2. Shri Vivek Agrawal, learned counsel for claimants, support impugned awards.

3. After hearing learned counsel for the parties and going through the record, Shri Ramsumiran Dwivedi, claimant No.1, admitted in his examination- in-chief that age of the wife on the date of accident was 54 years. When this aspect is taken into consideration, then Tribunal's treatment in adding 40% towards future prospects as is mentioned in para-20 and 21 of the award reveals that learned Claims Tribunal has not bothered to read judgment of Hon'ble

Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, AIR 2017 SC 5157 on which it has placed reliance and has mentioned in para-20 of the award and has arbitrarily added 40% future prospects.

4. This is a serious matter from the point of view of administration of justice where Judges are not willing to read judgment before applying their ratio, therefore, there being substance in the argument put forth by Shri Sohane, learned counsel for the appellant that learned Tribunal has arbitrarily added 40% towards future prospects is to be accepted and is hereby accepted.

5. Thus, when 10% is added towards future prospects in light of the law laid down by Hon'ble Supreme Court in the case of Pranay Sethi (supra), then total addition towards future prospects will come out to Rs.67,584/- in place of Rs.2,70,336/- computed by learned Tribunal. Thus, there will be reduction to the tune of Rs.2,02,752/- which will be admissible in favour of the insurance company and to that extent impugned award shall stand reduced from Rs.10,16,176/- to 8,13,424/-. Hence, Claimant will be entitled to a sum of Rs.8,13,424/- in place of Rs.10,16,176/-. Other terms and conditions of the award shall remain intact.

6. In above terms, this miscellaneous appeal is allowed and disposed of.

(VIVEK AGARWAL) JUDGE ts