Madhya Pradesh High Court
Lokman Ahirwar vs Kamalkishore Yadav on 9 October, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 9 th OF OCTOBER, 2023
MISC. APPEAL No. 1010 of 2012
BETWEEN:-
1. LOKMAN AHIRWAR S/O SHRI ROSHANLAL
AHIRWAR, AGED ABOUT 50 YEARS, OCCUPATION:
DHUMA, P.S.DHUMA, TEHSIL LAKHNADOUN,
DISTT. SEONI, M.P TRAFFIC POLICE STATION
JABALPUR, M.P. (MADHYA PRADESH)
2. SMT. SUSHAMA AHIRWAR W/O LOKMAN
AHIRWAR, AGED ABOUT 45 YEARS, TRAFFIC
POLICE STATION JABALPUR, M.P. (MADHYA
PRADESH) EARLIER R/O KOTWALI COLONY
H.NO.16, POST TEH AND DISTRICT BALAGHAT
(MP)
.....APPELLANTS
(BY SHRI SURVESH KUMAR JAISWAL - ADVOCATE )
AND
1. KAMALKISHORE YADAV S/O SHRI SITARAM
YADAV, AGED ABOUT 34 YEARS, OCCUPATION:
TARBAHAR SUHAGPUR DISTT. HOSHANGABAD,
NADEERA BUS STAND VERMA TRAVELS
HAMIDIYA ROAD, TEH & DISTT. BHOPAL, M.P.
(MADHYA PRADESH)
2. ANIL VERMA S/O LATE AWADHNARAYAN VERMA
VERMA TRAVELS NADEER BUS STAND
HAMIDIYA ROAD, BHOPAL (MADHYA PRADESH)
3. THE NEW INDIA ASSURANCE CO. LTD. DISTT.
BHOPAL, M.P. (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO.2 BY SHRI SUBODH KUMAR PANDEY - ADVOCATE;
AND RESPONDENT NO.3 BY SHRI UMA SHANKAR TIWARI - ADVOCATE)
This appeal coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 09-10-2023
18:21:49
2
following:
ORDER
This appeal is filed being aggrieved of the award dated 31.10.2011
passed by learned Motor Accident Claims Tribunal, Balaghat in MACC No.74
of 2010 on the ground that deceased Pawan Kumar was a bachelor, multiplier is
applied as per the age of the parents of the deceased without appreciating the
ratio of law laid by Hon'ble the Supreme Court in Sarla Verma (Smt) & others Vs.
Delhi Transport Corporation & another (2009)6 SCC 121 though it is mentioned in
paragraph 10 of the award but it appears that the tribunal has not applied itself
to understand the ratio of the said judgment.
It is submitted that muliplier of 18 will be applicable.
The tribunal has taken income of the deceased as Rs.6,000/- per month
or 72,000 per annum. 50% is deducted towards the living expenses of the
deceased and 40% is to be added towards the future prospect in view law laid
down in the case of National Insurance Company Limited versus Pranay
Sethi & Others (2017) 16 SCC 680 and then when multiplier of 18 is applied
total pecuniary compensation will come out to Rs.9,07,200/- over and above
which a sum of Rs.30,000/- is admissible under non-pecuniary heads, taking
total compensation to Rs.09,37,200/- in place of Rs.4,70,000/- awarded by the
tribunal. Thus, there will be enhancement to the tune of Rs.4,67,200/- (Rupees
Four Lacs, Sixty Seven Thousand and Two Hundred only) which will earn
interest at the rate of 6% per annum from the date of filing of the claim petition
till the date of its actual payment. Other terms and conditions of the award shall
remain intact.
This enhanced amount along with the accrued interest will remain
deposited in a monthly income scheme of the Indian Post Office or in a
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 09-10-2023
18:21:49
Nationalised Bank in the joint names of the claimants 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 be allowed to be withdrawn
for a period of ten years. Let the record of the claims tribunal be sent back.
In the above terms, the appeal is allowed and disposed of.
(VIVEK AGARWAL)
JUDGE
ks
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 09-10-2023
18:21:49
