Madhya Pradesh High Court
Smt. Geeta vs Drs. Dilip Road Lines Pvt. Ltd. on 13 October, 2023
Author: Achal Kumar Paliwal
1
(ACHAL KUMAR PALIWAL)
JUDGE
hk/
IN THE HIGH COURT OF MADHYA PRADESH
AT INDOR E
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
MISC. APPEAL No.3048/2022
BETWEEN:-
1. SMT. GEETA W/O LATE SHRI ABHISHEK CHATTERJEE,
AGED ABOUT 33 YEARS, 138, SHIVSHAKTI NAGAR, INDORE
(MADHYA PRADESH)
2. KU. RIDDHIMA D/O LATE ABHISHEK CHATTERJEE
(MINOR) THROUGH GUARDIAN MOTHER SMT. GEETA W/O
LATE ABHISHEK CHATTERJEE, AGED ABOUT 33 YEARS,
R/O 138, SHIV SHAKTI NAGAR, INDORE (MADHYA PRADESH)
3. KU. AADHYA D/O LATE ABHISHEK CHATTERJEE
(MINOR) THROUGH GUARDIAN MOTHER SMT. GEETA W/O
LATE ABHISHEK CHATTERJEE, AGED ABOUT 33 YEARS,
R/O 138, SHIV SHAKTI NAGAR, INDORE (MADHYA PRADESH)
.....APPELLANT
(SHRI HIMANSHU PALIWAL, LEARNED COUNSEL FOR THE
APPELLANT)
AND
1. DRS. DILIP ROAD LINES PVT. LTD. HOUSE NO. 33/22, 40TH
MILESTONE GUPTA HOUSE WALI GALI, NH-8, GURGAON
(HARYANA)
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
6:35:41 PM
2
2. YUSUF KHAN S/O DINU OCCUPATION: VEHICLE DRIVER
GRAM PALSALI TEH. TIJARA (RAJASTHAN)
3. RELIANCE GENERAL INSURANCE CO. LTD. CORPORATE
HOUSE, RNT MARG, INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANOJ JAIN, LEARNED COUNSEL FOR THE
INSURANCE COMPANY)
........................................................................................................
Reserved on : 12.10.2023
Pronounced on : 13.10.2023
-----------------------------------------------------------------------------------------
This miscellaneous appeal having been heard and reserved for
orders, coming on for pronouncement this day, Justice Achal Kumar
Paliwal pronounced the following:
ORDER
This appeal by the claimant under section 173(1) of the Motor
Vehicles Act is arising out of the award dated 05.03.2022 passed by
28th MACT, Indore in Claim Case No.1600037/2016 seeking
enhancement of compensation amount 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 Abhishek Chatterjee, the Tribunal has awarded a total compensation
of Rs.13,33,200/- along with interest. The breakup of the
compensation amount is as under:
Loss of dependency -Rs.11,68,200/- (i.e.9735x12x15-1/3)
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
6:35:41 PM
Loss of estate -Rs.16,500/-
Funeral expenses -Rs.16,500/-
Loss of filial consortium-Rs.1,32,000/-
-------------------
TOTAL Rs.13,33,200/-
3. Learned counsel for the appellant submits that the Tribunal has
committed an error in not awarding just and proper amount of
compensation in the case as the amount awarded by the Tribunal is on
the lower side. The Tribunal has committed an error in assessing the
income of the deceased at Rs.1,16,820/- per annum which is on the
lower side. The deceased used to file income tax return and according
to which his income was Rs.1,51,600/- per annum. The Tribunal also
committed an error in not awarding compensation under the head of
future prospects in the light of the judgment of the Apex Court in the
case of National Insurance Co. Vs. Pranay Sethi reported in (2017) 16
SCC 680, 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 appellant. The Tribunal has committed an error in assessing the
income of the deceased. The deceased used to file his income tax
return and according to which his income was Rs.1,51,600/- per
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
6:35:41 PM
annum. The Tribunal also did not award any compensation under the
head of future prospects. The deceased was aged 38 years at the time
of accident and he was a practicing advocate. Considering the overall
facts and circumstances of the case, in the considered opinion of this
Court, the compensation awarded by the Tribunal deserves to be
enhanced as under:
Loss of dependency -Rs.21,22,400/- (i.e. Rs.1,51,600+40%
FP=2,12,240x15-1/3)
Loss of estate -Rs.16,500/-
Funeral expenses -Rs.16,500/-
Loss of filial consortium-Rs.1,32,000/-
------------------------
TOTAL Rs.22,87,400/-
============
6. Thus, the just and proper amount of compensation in the instant
case is Rs.22,87,400/- as against the award of the Tribunal of
Rs.13,33,200/-. Accordingly, the appellant is entitled to an additional
sum of Rs.9,54,200/- over and above the amount which has been
awarded by the Tribunal.
7. In the result, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.9,54,200/-. 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.
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
6:35:41 PM
(ACHAL KUMAR PALIWAL)
JUDGE
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
6:35:41 PM
