Madhya Pradesh High Court
Smt. Shabnam vs Mohammad Abid on 30 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. 3876 of 2022
BETWEEN:-
1. SMT. SHABNAM W/O LATE SHRI
MOHAMMAD AJAM, AGED ABOUT 37 YEARS,
OCCUPATION: HOUSEWORK 15, KADAV
MOHALLA, TEHSIL JAWRA, RATLAM
(MADHYA PRADESH)
2. KU. MUSKAN D/O LATE MOHAMMAD AJAM,
AGED ABOUT 21 YEARS, OCCUPATION:
STUDENT 15 KADAV MOHALLA TEHSIL
JAWRA DISTRICT RATLAM (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI JAHANGIR M.POONEGAR , ADVOCATE)
AND
1. MOHAMMAD ABID S/O SHRI MOHAMMAD
HAMID, AGED ABOUT 31 YEARS, 87, JAWAHAR
MARG, GALI NO. 1, NAGDA, UJJAIN (MADHYA
PRADESH)
2. DHARAMCHAND S/O CHAINRAM JAIN MHOW
NEEMUCH ROAD, BHARAT PETROL PUMP KE
PAS, DALODA DISTRICT MANDSAUR (MADHYA
PRADESH)
3. THE NEW INDIA INSURANCE COMPANY
LIMITED DWARA MANDAL PRABHANDAK
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 31-10-2023
10:15:16
2
MANDSAUR DWARA MANDAL PRABHANDAK
MAHODAYA STATION ROAD RATLAM, 221
SAKET INDORE (MADHYA PRADESH)
.....RESPONDENTS
( SHRI VINDHYAVASHINI PRASAD KHARE, LEARNED COUNSEL FOR
RESPONDENT NO.3)
-------------------------------------------------------------------------------------------------------
Reserved on : 27.10.2023
Pronounced on : 30.10.2023
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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 claimants under section 173(1) of the Motor
Vehicles Act is arising out of the award dated 11.01.2022 passed by
Second Additional Member MACT, Jawra, district Ratlam in Claim Case
No.89/2019 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
Mohd.Aajam, the Tribunal has awarded a total compensation of
Rs.11,01,000/- along with interest. The breakup of the compensation
amount is as under:
Income of deceased Rs.9,80,000/-
Loss of estate Rs.16,500/-
Funeral expenses Rs.16,500/-
Consortium Rs.88,000/-
Total Amount Rs.11,01,000/-
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 31-10-2023
10:15:16
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. 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.
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:
Loss of dependency Income of 7,500/- pm + 25% FP (Rs.1875)=
deceased plus future prospects Rs.9375x12=Rs.1,12,500/- less 1/3rd
(Rs.37,500)=Rs.75,000x14=10,50,000/-
Loss of estate Rs.16,500/-
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 31-10-2023
10:15:16
Funeral expenses Rs.16,500/-
Consortium Rs.88,000/-
Total Amount Rs.11,71,000/-
6. Thus, the just and proper amount of compensation in the instant
case is Rs.11,71,000/- as against the award of the Tribunal of
Rs.11,01,000/-. Accordingly, the appellants are entitled to an additional
sum of Rs.70,000/- 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.70,000/-. 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.
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: 31-10-2023
10:15:16
