United India Insurance Co. Ltd. ... vs Komal
2023 Latest Caselaw 1772 MP

                              1       M.A. No.1133/2016



IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 31st OF JANUARY, 2023
               MISC. APPEAL No. 1133 of 2016
BETWEEN:-

UNITED INDIA INSURANCE CO. LTD.
JABALPUR     THROUGH      BRANCH
MANAGER,       BRANCH      OFFICE
PARASIYA    ROAD,    CHHINDWARA,
TEHSIL AND DISTRICT CHHINDWARA
THROUGH ITS T.P. HUB INCHARGE T.P.
HUB OFFICE, 1454 RAJKIRAN BHAVAN
WRIGHT TOWN JABALPUR (MADHYA
PRADESH)



                                        .....APPELLANT
(BY SHRI SURAJ RAJ - ADVOCATE )

AND

1.    KOMAL S/O LT. PHOOLCHAND
      MAHORE,     AGED  ABOUT   45
      YEARS, VILLAGE DHAMANIYA
      THANA CHAND TEHSIL AND
      DISTRICT (MADHYA PRADESH)
      [DELETED AS PER ORDER DATED
      24.01.2023]



2.    SUNIL KUMAR S/O RAMSAGAR
      JAISWAL, AGED ABOUT 27 YEARS,
      R/O BAMHODI, WARD NO. 8,
      THANA      BARGHAT      SEONI
      (MADHYA PRADESH)



3.    RAMRAKHSHA S/O RAMSAGAR
      JAISWAL, AGED ABOUT 38 YEARS,
      BAMHODI, WARD NO. 8, THANA
                                  2                   M.A. No.1133/2016


     BARGHAT       SEONI     (MADHYA
     PRADESH)



4.   VIJAY S/O KOMAL MAHROE,
     AGED    ABOUT  25   YEARS,
     BOREGAON SHANTI COLONY IN
     HOUSE OF NITIN RAJOLKAR
     THANA LODHIKHERA TEHSIL
     SOUNSAR           DISTRICT
     CHHINDWARA        (MADHYA
     PRADESH)



5.   SAVITA    W/O    KHUNNILAL
     MAHORE,   AGED   ABOUT    24
     YEARS, R/O VILLAGE SAANKH,
     THANA CHAURIA, TEHSIL CHAND
     CHHINDWARA         (MADHYA
     PRADESH)



6.   NANDKISHORE     S/O   KOMAL
     MAHORE,    AGED    ABOUT  22
     YEARS, R/O TIGGHA MOHALLA,
     NEAR   PAANI   TANKI   SEONI
     THANA SEONI DISTRICT SEONI
     (MADHYA PRADESH)



                                                    .....RESPONDENTS
(BY SHRI R.P. MISHRA - ADVOCATE)
.........................................................................................................
      This appeal coming on for admission this day, the court passed the

following:

                             JUDGMENT

This Miscellaneous Appeal under Section 173 of Motor Vehicles Act has been filed against the award dated 04.12.2015 passed by Additional Member to the First Additional Member, Motor Accident Claims Tribunal

Chhindwara, in Claim Case No.83/2014.

2. Since the factum of accident is not in dispute, therefore, it is suffice to mention here that the deceased Smt. Krishna lost her life in a vehicular accident, which took place on 22.02.2014.

3. By the impugned award, the Claims Tribunal has awarded Rs.6,29,000/- to the husband of late Smt. Krishna/respondent No.1. It is not out of place to mention here that respondent No.1 Komal has also expired during the pendency of this Appeal and his legal representatives, namely; Vijay, Savita and Nandkishore are already on record being respondents No.4, 5 and 6.

4. The contention of the counsel for the appellant is that the deceased Smt. Krishna was a house wife and the tribunal has not deducted 1/3rd towards her personal expenses.

5. The contention made by the counsel for the appellant is contrary to the law laid down by the Supreme Court in the case of Lata Wadhwa and others Vs. State of Bihar and others, reported in AIR 2001 SC 3218. Since the deceased was not an earning lady and the notional income at the rate of Rs.3,000/- has been assessed on the basis of services rendered by her to her family and family members, therefore, any personal expenses are not required to be deducted. Under these circumstances, the Claims tribunal did not commit any mistake by not deducting 1/3rd of the notional income of the deceased Smt. Krishna towards her personal expenses.

6. It is next contended by the counsel for the appellant that the tribunal has awarded Rs.1 Lakh towards loss of estate and Rs.25,000/- towards funeral expenses, which is on a higher side in the light of the judgment passed by the Supreme Court in the case of National

Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680,

7. Per contra, counsel for the respondents has supported the findings recorded by the Claims tribunal.

8. Considered the submissions made by the counsel for the parties.

9. The tribunal has awarded Rs.1 Lakh towards loss of estate and Rs.25,000/- towards funeral expenses, which is on a higher side and accordingly, it is held that the husband of the deceased Smt. Krishna was entitled for Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. He was also entitled for Rs.40,000/- towards filial consortium. Thus, the claimants are entitled for the following compensation amount:

S.No. Head                                         Amount

1.     Loss of income                              Rs.5,04,000/-as awarded
                                                   by the claims tribunal

2.     Loss of estate                              Rs.15,000/-

3.     Funeral Expenses                            Rs. 15,000/-

4.     Filial consortium                           Rs.40,000/-

5.     Total                                       Rs.5,74,000/-

Whereas the Claims tribunal has awarded Rs.6,29,000/-.

10. Accordingly, the compensation awarded by the tribunal is reduced by an amount of Rs.55,000/- and it is held that the claimant are entitled for Rs.5,74,000/- (Rs. Five Lakh Seventy Four Thousands). The other conditions of the award shall remain the same.

11. With aforesaid modification, the award dated 04.12.2015 passed by Additional Member to the First Additional Member, Motor Accident Claims Tribunal Chhindwara, in Claim Case No.83/2014 is hereby affirmed.

12. The Appeal succeeds and is hereby allowed to the extent mentioned above.

(G.S. AHLUWALIA) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.01.31 17:35:59 +05'30'