Madhya Pradesh High Court
Smt. Manjesh vs Asgar Khan on 16 June, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 16 th OF JUNE, 2023
MISC. APPEAL No. 3256 of 2018
BETWEEN:-
1. SMT. MANJESH W/O LATE SHRI HARCHARAN @
HARICHARAN GURJAR, AGED ABOUT 35 YEARS,
OCCUPATION: HOUSE WIFE MAHRAMPURA
GHATIGAON (MADHYA PRADESH)
2. PRADEEP S/O LT HARCHARAN @ HARICHARAN
GURJAR, AGED ABOUT 11 YEARS,
MAHARAMPURA GHATIGAON PS GHATIGAON
(MADHYA PRADESH)
3. KU. SHANU @ KRASHNA D/O LT HARCHARAN @
HARICHARAN GUARJAR, AGED ABOUT 9 YEARS,
OCCUPATION: MINRO UG SMT. MANJESH
MAHARAMPURA GHATIGAON PS GHATIGAON
(MADHYA PRADESH)
4. HARENDRA S/O LT HARCHARAN @
HARICHARAN, AGED ABOUT 8 YEARS,
OCCUPATION: MINOR UG SMT. MANJESH
MAHARAMPURA GHATIGAON PS GHATIGAON
(MADHYA PRADESH)
5. SMT. RAJABETI W/O DEVI SINGH GURJAR, AGED
ABOUT 70 YEARS, MAHARAMPURA GHATIGAON
PS GHATIGAON (MADHYA PRADESH)
6. DEVI SINGH GURJAR S/O RAMADHAR SINGH,
AGED ABOUT 75 YEARS, MAHARAMPURA
GHATIGAON PS GHATIGAON (MADHYA
PRADESH)
.....APPELLANTS
(BY MR. ARUN SHARMA - ADVOCATE)
AND
1. ASGAR KHAN S/O SHRI NAHAR KHAN 52 A
TANSEN NAGAR (MADHYA PRADESH)
Digitally signed by ALOK
KUMAR
Date: 2023.06.19 16:51:01
+05'30'
2
2. MAHENDRA GUPTA S/O L.R. GUPTA BAGLE KA
BADA DAAL BAZAR LASHKAR (MADHYA
PRADESH)
3. DIVISIONAL MANAGER EPHKO TOKYO GENERAL
INSURANCE COM LTD. CUSTUMAR SERVICE
CENTER 1ST FLOOR BHAGWAN COMPLEX 214
MAHARANA PRATAP NAGAR ZONE 2 (MADHYA
PRADESH)
.....RESPONDENTS
(MR. O.P. MATHUR - ADVOCATE FOR RESPONDENTS NO. 1 AND 2 AND
MR. B.K. AGRAWAL - ADVOCATE FOR RESPONDENT NO. 3 - INSURANCE
COMPANY)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
JUDGMENT
I.A. No. 3009 of 2018, an application under Section 5 of Limitation Act,
is taken up, considered and allowed for the reasons mentioned therein and the
delay in filing this appeal is hereby condoned.
Present miscellaneous appeal has been filed against the award dated
21.3.2018 passed by Ninth Additional Motor Accident Claims Tribunal,
Gwalior in Claim Case No. 6400520/2016.
The facts in brief to decide the present appeal are that the appellants -
claimants filed claim petition before the learned claims tribunal for grant of
compensation on account death of deceased Harcharan @ Haricharan Gurjar in
a road traffic accident involving bus bearing registration No. MP07 F 2082.
Respondents No. 1 and 2 - Driver and Owner of the offending vehicle
respectively filed their written statement and denied the facts mentioned in the
claim petition.
Respondent No. 3 - Insurance Company also filed its written statement
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KUMAR
Date: 2023.06.19
16:51:17 +05'30'
and denied the facts mentioned in the claim petition. It was further stated that
the offending bus was being plied in violation of policy terms and conditions,
therefore, insurance company is not liable to pay the compensation.
Learned claims tribunal framed issues and after hearing both the parties
o n merits and recording their evidence partly allowed the claim petition and
awarded compensation to the tune of Rs.6,77,500/- which was directed to be
paid by the respondents jointly and severely.
The main ground taken by the appellants - claimants is that learned claims
tribunal has erred in not awarding any amount under the head of "future
prospects". Learned claims tribunal also erred in holding the monthly income of
the deceased @ Rs.4500/- per month and awarded the compensation amount
on the lower side.
O n the other hand, learned counsel for the respondents supported the
impugned award and prayed for rejection of the appeal.
Heard learned counsel for the rival parties and perused the available
record.
It is not in dispute by both the parties that at the time of accident, the
deceased was 40 years of age as held by learned claims tribunal. On the basis
of evidence on record, learned claims tribunal has also not erred in holding the
monthly income of the deceased @ Rs.4500/- per month. However, learned
claims tribunal has erred in not awarding any compensation towards the "future
prospects".
In view of the case law of National Insurance Company vs. Pranay
Sethi & Ors.; 2017 ACJ 2700, 25% future prospect would be applicable,
deceased being the age group of 40-50 years and self employed.
In view of the above case law, considering the annual income of the
Digitally signed by ALOK
KUMAR
Date: 2023.06.19 16:51:32
+05'30'
deceased to be Rs.54,000/-, deducting 1/4th towards personal expense, future
prospect @ 25%, multiplier of 16 and Rs.70,000/- in other heads, total
compensation amount comes to Rs.8,29,375/-. The tribunal has awarded a sum
of Rs.6,77,500/- to the claimants. The enhanced compensation amount comes
to Rs.1,51,875/- (Rs.8,29,375 - 6,77,500). The enhanced amount of
compensation i.e. Rs.1,51,875/- (Rs. One Lakh Fifty One Thousand
Eight Hundred Seventy Five only) shall carry interest as awarded by learned
claims tribunal from the date of claim application till realization. The enhanced
amount of compensation shall be payable to the claimants by the respondents
within a period of 12 weeks from the date of production of certified copy of
this order. Rest of the award passed by learned claims tribunal shall remain
intact.
Present miscellaneous appeal is allowed and disposed of in above terms.
(SUNITA YADAV)
JUDGE
AKS
Digitally signed by ALOK
KUMAR
Date: 2023.06.19 16:51:49
+05'30'
