Madhya Pradesh High Court
Ballu vs Chttarsingh on 18 October, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
MISC. APPEAL No. 125 of 2022
BETWEEN:-
1. BALLU S/O DEVLA BHIL, AGED ABOUT 45
YEARS, KESHVI TEHSIL GANDHWANI
DISTRICT DHAR (MADHYA PRADESH)
2. SMT. SEVANTIBAI W/O BALLU BHIL, AGED
ABOUT 42 YEARS, KESHVI, TEH.
GANDWANI DISTRICT DHAR (MADHYA
PRADESH)
.....APPELLANTS
(SHRI MANISH JAIN, LEARNED COUNSEL FOR THE APPELLANTS))
AND
1. CHTTARSINGH S/O KHATRIYA, AGED
ABOUT 40 YEARS, CHOWKIDAR FALIYA
KESHVI, TEHSIL GANDHWANI DISTRICT
DHAR (MADHYA PRADESH)
2. NATIONAL INSURANCE COM. LTD. INDORE
AHMEDA ROAD DHAR DISTRICT DHAR
(MADHYA PRADESH)
.....RESPONDENTS
(MS. PRITI KESHWANI, LEARNED COUNSEL FOR RESPONDENT NO.2)
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Reserved on : 17.10.2023
Pronounced on : 18.10.2023
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This miscellaneous appeal having been heard and reserved for
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 18-10-2023
16:59:50
2
orders, coming on for pronouncement this day, Justice Achal Kumar
Paliwal pronounced the following
ORDER
This appeal by the claimants under section 173(1) of the Motor
Vehicles Act is arising out of the award dated 15.09.2021 passed by First
MACT, Sardarpur, district Dhar in Claim Case No.130/2019 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 Ajay
Meda, the Tribunal has awarded a total compensation of Rs.7,69,000/-
along with interest. The breakup of the compensation amount is as under:
Income of deceased 6,000/- with 1/2 deduction with
multiplier of 18 = Rs.6,48,000/-
Filial consortium to parents Rs. 40,000x2 +10%=88,000/-
Loss of estate Rs.16,500/-
Funeral expenses Rs.16,500/-
Total Amount Rs.7,69,000/- + 6% interest
3. Learned counsel for the appellants 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 erred in assessing the income of the
deceased as he was skilled, laborious, experienced and qualified person
and doing private service. The Tribunal has not awarded any sum under
the head of future prospects in the light of the judgment of the Apex
Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi
reported in (2017) 16 SCC 680. Hence, prays for just and proper amount
of compensation in the case.
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 18-10-2023
16:59:50
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. Considering the evidence that came on record, in the
considered opinion of this Court, the income of the deceased assessed by
the Tribunal for calculating the compensation amount is on the lower side
which deserves to be enhanced. The Tribunal has also committed an error
in not awarding any amount under the head of future prospects in the
light of the judgment of the Apex Court in the case of Pranay Sethi
(supra). Considering the facts and circumstances of the case, arguments
made by the counsel for the appellants and the evidence that came on
record, in the considered opinion of this Court, the compensation awarded
by the Tribunal deserves to be enhanced as under:
Income of deceased 7,325/- with 1/2 deduction with
multiplier of 18 = Rs.11,07,540/-
Filial consortium to parents Rs. 40,000x2 +10%=88,000/-
Loss of estate Rs.16,500/-
Funeral expenses Rs.16,500/-
Total Amount Rs.12,28,540/-
6. Thus, the just and proper amount of compensation in the instant
case is Rs.12,28,540/- as against the award of the Tribunal of
Rs.7,69,000/-. Accordingly, the appellants are entitled to an additional
sum of Rs.4,59,540/- 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.4,59,540/-. The enhanced amount
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 18-10-2023
16:59:50
shall bear interest at the same rate as awarded by the Tribunal. The other
findings recorded by the Tribunal shall remain intact.
8. The appellants have valued the appeal only to the extent of
Rs.3,00,000/- and paid the Court fee accordingly, however, for the
remaining amount of Rs.1,59,540/- 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.
(ACHAL KUMAR PALIWAL)
JUDGE
RJ
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 18-10-2023
16:59:50
