Madhya Pradesh High Court
Smt.Yashodabai vs Bherulal on 3 October, 2023
Author: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 3 rd OF OCTOBER, 2023
MISC. APPEAL No. 607 of 2015
BETWEEN:-
1. SMT.YASHODABAI W/O LATE DEVILAL, AGED
ABOUT 26 YEARS, OCCUPATION: HOUSEWIFE
VILLAGE DOBAD TEHSIL & DISTRICT NEEMUCH
(MADHYA PRADESH)
2. VISHAL S/O LATE DEVILAL, AGED ABOUT 10
YEARS THROUGH NATURAL GUARDIAN SMT.
YASHODABAI OCCUPATION: NIL VILL. DOBAD,
TEH. & DIST. NEEMUCH (MADHYA PRADESH)
3. KU.NANDINI D/O LATE DEVILAL AGED ABOUT 6
YEAR S THROUGH NATURAL GUARDIAN SMT.
YASHODABAI OCCUPATION: NIL VILL. DOBAD,
TEH. & DIST. NEEMUCH (MADHYA PRADESH)
4. PYARA@ PAYARELAL S/O LATE GODA, AGED
ABOUT 65 YEARS, OCCUPATION: WAGES VILL.
DOBAD, TEH. & DIST. NEEMUCH (MADHYA
PRADESH)
5. MANGIBAI W/O PAYARA@ PAYARELAL, AGED
ABOUT 60 YEARS, OCCUPATION: HOUSE WIFE
VILL. DOBAD, THE. & DIST. NEEMUCH (MADHYA
PRADESH)
.....APPELLANTS
(SHRI SACHIN PARMAR, LEARNED COUNSEL FOR THE APPELLANTS)
AND
1. BHERULAL S/O GANESH, AGED ABOUT 26 YEARS,
OCCUPATION: DRIVER GRAM JARIYA PIPALYA
DISTT.CHITTORGARH (RAJASTHAN)
2. BRANCH MANAGER THE NEW INDIA INSUR.
CO.LTD. BRANCH OFFICE MIRA HALL MARKET
(RAJASTHAN)
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/4/2023
1:28:31 PM
2
.....RESPONDENTS
(SHRI ANIL KUMAR GOYAL, LEARNED COUNSEL FOR THE
RESPONDENT [R-2].
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
This appeal by the claimants under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 18.12.2014 passed by Ist Addl. MACT,
Neemuch in Claim Case No.32/2014 seeking enhancement of the amount of
compensation awarded by the Tribunal.
2. The date of accident, negligence and the issue of liability are not in
dispute and the findings recorded by the Tribunal in this regard are also not in
question. As per the findings of the Tribunal, for the death of Devilal, the
Tribunal has awarded a total compensation of Rs.5,89,000/- along with interest.
The break up of the compensation amount is as under:
Loss of dependency -Rs.4,59,000/- (i.e. Rs.3000x12-3/4x17)
Loss of consortium -Rs.1,00,000/-
Funeral expenses -Rs.25,000/-
Loss of estate -Rs.5,000/-
--------------------
TOTAL Rs.5,89,000/-
=============
3. Learned counsel for the appellants submits that the Tribunal has
committed an error in awarding just and proper amount of compensation in the
case as the amount awarded is on the lower side. The Tribunal has committed
an error in not awarding compensation under the head of future prospects in the
light of the Apex Court judgment in the case of Pranay Sethi. The Tribunal has
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/4/2023
1:28:31 PM
not awarded any amount under the head of filial consortium to all the
dependents in the light of the judgment of the Apex Court in the case of
Magma General Insurance Co. Ltd. vs. Nanu Ram & others, hence prays
for just and proper amount of compensation in the case.
4. On the other hand, learned counsel for the Insurance Company argued
in support of the impugned award and contended that the Claims Tribunal has
rightly awarded the compensation amount in the case which does not call for
any interference by this Court.
5. After hearing learned counsel for the parties and going through the
record, I find substance in the arguments advanced by the counsel for the
appellants. The Tribunal has not awarded any compensation amount under the
head of future prospects in the light of the judgment in the case of Pranay
Sethi. The Tribunal has also not awarded filial consortium to the dependents.
In the case of Nanu Ram (supra) the Apex Court has interpreted the term
"consortium" to be a compendious term which encompasses spousal
consortium, parental consortium as well as filial consortium. The right to
consortium would include the company, care, help, comfort, guidance, solace
and affection of the deceased which is a loss to his whole family. Considering
the overall facts and totality of the circumstances and the arguments advanced
by the counsel for the appellant, in the considered opinion of this Court, the
compensation amount awarded by the Tribunal deserves to be modified as
under:
Loss of consortium -Rs.4,59,000/- (i.e. Rs.3000x12-1/4x17)
Future prospects -Rs.1,83,600/-
Funeral expenses -Rs.15,000/-
Loss of estate -Rs.15,000/-
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/4/2023
1:28:31 PM
Loss of consortium -Rs.2,00,000/- (i.e. Rs.40000x5)
--------------------
TOTAL Rs.8,72,600/-
===========
6. Thus, the just and proper amount of compensation in the instance
case is Rs.8,72,600/- as against the award of the Tribunal of Rs.5,89,000/-.
Accordingly, the appellants are entitled to an additional sum of Rs.2,83,600/-
over and above the amount which has been awarded by the Tribunal.
7. Accordingly, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.2,83,600/-. The enhanced amount shall
bear interest at the same rate as awarded by the Tribunal. The other findings
recorded by the Tribunal shall remain intact. The appellants have valued the
appeal only to the extent of Rs.2 lakhs and paid the Court fee accordingly,
however, for the remaining amount of Rs.83,600/- the Court fee shall be paid by
the appellants within a period of one month and thereafter the amount shall be
released by the Insurance Company on receiving the certificate. In case the
certificate has not been filed before the Insurance Company up to a period of
three months, the claimants shall not be entitled to receive the interest on the
enhanced amount of compensation.
8. In the result, the appeal is allowed in part and to the extent indicated
herein above.
(HIRDESH)
JUDGE
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/4/2023
1:28:31 PM
