Gopi Basor vs Anil Kumar Yadav
2023 Latest Caselaw 17829 MP

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                         ON THE 26 th OF OCTOBER, 2023
                                          MISC. APPEAL No. 4467 of 2022

                         BETWEEN:-
                         1.    GOPI BASOR S/O PIRVA BASOR, AGED ABOUT 46
                               YEARS, GRAM JHAMTULI CURRENT R/O GRAM
                               DEWAR TEHSIL TEONATHAR DISTRICT REWA
                               (M.P.) (MADHYA PRADESH)

                         2.    SANTA BASOR W/O GOPI BASOR, AGED ABOUT 42
                               YEAR S, R/O GRAM JHAMTULI, CURRENT R/O
                               GRAM DARGUW, TEHSIL BAKSWAHA, DISTRICT
                               CHHATARPUR (MADHYA PRADESH)

                         3.    DINESH BANSAL S/O GOPI BASOR, AGED ABOUT
                               18 YEARS, R/O GRAM JHAMTULI, CURRENT R/O
                               GRAM DARGUW, TEHSIL BAKSWAHA, DISTRICT
                               CHHATARPUR (MADHYA PRADESH)

                         4.    SARASWATI BANSAL D/O GOPI BASOR, AGED
                               ABOUT    19 YEARS, R/O GRAM JHAMTULI,
                               CURRENT R/O GRAM       DARGUW, TEHSIL
                               BAKSWAHA, DISTRICT CHHATARPUR (MADHYA
                               PRADESH)

                                                                           .....APPELLANTS
                         (BY MS.PRIYANKA TIWARI - ADVOCATE)

                         AND
                         1.    ANIL KUMAR YADAV S/O D.S. YADAV GRAM
                               DEWAR TEHSIL TEONATHAR DISTRICT REWA
                               (M.P.) (MADHYA PRADESH)

                         2.    AKHILESH SHARMA S/O SATISH KUMAR
                               SHARM A R/O WARD NO. 3, SIRMORE, TEHSIL
                               SIRMORE, DISTRICT REWA (MADHYA PRADESH)

                         3.    UNITED INDIA GENERAL INSURANCE COMPANY
                               LTD. THROUGH BRANCH MANAGER NEAR BAJAJ
                               AGENCY, NAVGAON ROAD, TEHSIL AND
                               DISTRICT CHHATARPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 27-10-
2023 18:50:41
                                                            2
                                                                                     .....RESPONDENTS
                         (INSURANCE COMPANY BY SHRI ABHINAV SUNIL KHERDIKAR -
                         ADVOCATE)

                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                            ORDER

Heard on I.A.No.11340/2022, an application under Section 5 of the Limitation Act for seeking condonation of 107 days' delay in filing of this appeal.

Application is allowed.

Delay is condoned.

This appeal is filed by the Appellants/Claimants being aggrieved of award dated 12.2.2022 passed in M.A.C.C No.44/2020 by learned Second Member, Motor Accident Claims Tribunal-Bijawar, District Chhatarpur.

Learned counsel for the Appellants submits that the notional income of the deceased is taken at Rs.5,500/- Per Month for an accident which took place on 12.6.2020 whereas minimum wages at that time even for an unskilled labourer were to the tune of Rs.8,275/- Per Month or Rs.99,300/- Per Annum. Even Younger Siblings are entitled to loss of consortium in the light of the judgment of the Apex Court in Heeralal & Others versus Ramprasad & Others decided on 13.10.2022 Arising Out of S.L.P (C) Nos.3719- 3720/2019.

Learned counsel for the Insurance Company supports the impugned award.

I have heard learned counsel for the parties and gone through the record. Taking into consideration the minimum wages as were obtaining on the date of the accident, 50% dependency on the family can be taken into Signature Not Verified Signed by: AMIT JAIN Signing time: 27-10-

2023 18:50:41

consideration, which comes out to Rs.49,650/- and when 40% is added towards future prospect and multiplier of 18 is applied then the total pecuniary compensation will come out to Rs.12,51,180/-. Besides this, a sum of Rs.30,000/- is payable under the head of loss of estate and funeral expenses over and above which the mother and two younger siblings are entitled to Rs.40,000/- each under the head of loss of child consortium and filial consortium taking total compensation to Rs.14,01,180/- against Rs.9,01,600/- awarded by the Claims Tribunal. Thus, there will be enhancement to the tune of Rs.4,99,580/-.

Since Court Fee has been paid by the Appellants upon valuation of the claim at Rs.4,00,000/-, therefore, the enhancement is restricted to Rs.4,00,000/- (Rupees Four Lakhs Only), which will carry interest @ 6% Per Annum from the date of filing of the Claim Petition till the date of actual payment. The other terms and conditions of the impugned award shall remain intact.

In above terms, this appeal is disposed of Let record of the Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time: 27-10-

2023 18:50:41