Madhya Pradesh High Court

United India Insurance Co.Ltd. vs Smt. Mohni Soni on 31 October, 2023

Author: Vivek Agarwal

1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 31 st OF OCTOBER, 2023
MISC. APPEAL No. 4616 of 2022

BETWEEN:-
1. MOHINI SONI W/O LATE RAJENDRA PRASAD
SONI, AGED ABOUT 51 YEARS, OCCUPATION:
HOUSEWIFE D-14 SAMDARIYA ADHARSH NEAR
BY PARIJAT BUILDING CHERITAL ROAD
DAMOHNAKA DISTRICT JABALPUR (MADHYA
PRADESH)

2. SMT. ANKITA SHARMA W/O SHRI ASHWINI
SHARMA, AGED ABOUT 26 YEARS, OCCUPATION:
SERVICE R/O D-14, SAMDARIYA ADHARSH, NEAR
BY PARIJAT BUILDING, CHERITAL ROAD,
DAMOHNAKA, DISTRICT JABALPUR (MADHYA
PRADESH)

3. KRISHAN LAL SONI S/O LATE KALLU LAL SONI,
AGED ABOUT 91 YEARS, R/O D-14, SAMDARIYA
ADHARSH, NEAR BY PARIJAT BUILDING,
CHERITAL ROAD, DAMOHNAKA, DISTRICT
JABALPUR (MADHYA PRADESH)

4. KU. ANITA SONI D/O SHRI KISHAN LAL SONI,
AGED ABOUT 51 YEARS, R/O D-14, SAMDARIYA
ADHARSH, NEAR BY PARIJAT BUILDING,
CHERITAL ROAD, DAMOHNAKA, DISTRICT
JABALPUR (MADHYA PRADESH)

5. KU. SANDHYA SONI D/O SHRI KISHAN LAL SONI,
AGED ABOUT 48 YEARS, R/O D-14, SAMDARIYA
ADHARSH, NEAR BY PARIJAT BUILDING,
CHERITAL ROAD, DAMOHNAKA, DISTRICT
JABALPUR (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI ARPAN SHRIVASTAVA - ADVOCATE)

AND
1. JITENDRA KUMAR DUBEY S/O SHRI RAJENDRA
KUMAR DUBEY, AGED ABOUT 42 YEARS,
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 02-11-2023
11:52:51
2
OCCUPATION: DRIVER OF OFFENDING VEHICLE
MOTOR CYCLE H.NO. 602 ANAND COLONY
BALDEOBAG DISTRICT JABALPUR (MADHYA
PRADESH)

2. SMT. CHHAYA BHAVEDI W/O SHRI
PURUSHOTTAM BHAVEDI, AGED ABOUT 51
Y E A R S , R/O H.NO. 601, ANAND COLONY,
BALDEOBAG, DISTRICT JABALPUR ( OWNER OF
OFFENDING VEHICLE MOTOR CYCLE MP-15-MM-
3235) (MADHYA PRADESH)

3. THE UNITED INDIA INSURANCE CO. LTD.
THROUGH ITS BRANCH MANAGER BRANCH
OFFICE RAJKIRAN BUILDING, STADIUM ROAD,
WRIGHT TOWN, DISTRICT JABALPUR
(INSURANCE CO. OF OFFENDING VEHICLE
MOTOR CYCLE MP-15-MM-3235) (MADHYA
PRADESH)

.....RESPONDENTS
(SHRI DEEPCHAND GUPTA - ADVOCATE FOR RESPONDENT NO. 3)

MISC. APPEAL No. 5666 of 2022

BETWEEN:-
UNITED INDIA INSURANCE CO.LTD. THROUGH
BRANCH MANAGER REGIONAL OFFICE RAJKIRAN
BUILDING WRIGHT TOWN STADIUM ROAD WRIGHT
TOWN DISTRICT- JABALPUR, M.P. (MADHYA PRADESH)

.....APPELLANT
(BY SHRI DEEPCHAND GUPTA - ADVOCATE)

AND
1. SMT. MOHNI SONI W/O LT. SHRI RAJENDRA
KUMAR SONI D-14 SAMDARIYA ADARSH NEAR
PARIJAT BUILDING CHERITAL ROAD DAMOH
NAKA DISTRICT- JABALPUR, M.P. (MADHYA
PRADESH)

2. KU. ANKITA SONI D/O LATE OM PRAKASH SAHU,
AGED ABOUT 21 YEARS, R/O D-14 SAMADARIYA
ADARSH NEAR PARIJAT BUILDING CHERITAL
ROAD DAMOH NAKA DISTRICT JABALPUR
(MADHYA PRADESH)

3. KISHANLAL SONI S/O LATE KALLU LAL SONI,
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 02-11-2023
11:52:51
3
AGED ABOUT 85 YEARS, R/O D-14 SAMADARIYA
ADARSH NEAR PARIJAT BUILDING CHERITAL
ROAD DAMOH NAKA DISTRICT JABALPUR
(MADHYA PRADESH)

4. KU. ANITA SONI D/O KISHANLAL SONI, AGED
ABOUT 46 YEARS, R/O D-14 SAMADARIYA
ADARSH NEAR PARIJAT BUILDING CHERITAL
ROAD DAMOH NAKA DISTRICT JABALPUR
(MADHYA PRADESH)

5. KU. SANDHYA SONI D/O KISHANLAL SONI, AGED
ABOUT 43 YEARS, R/O D-14 SAMADARIYA
ADARSH NEAR PARIJAT BUILDING CHERITAL
ROAD DAMOH NAKA DISTRICT JABALPUR
(MADHYA PRADESH)

6. JITENDRA KUMAR DUBEY S/O RAJENDRA
KUMAR DUBEY, AGED ABOUT 37 YEARS, R/O
HOUSE NO. 602 ANAND COLONY BALDEVBAGH
DISTRICT JABALPUR VEHICLE DRIVER MP 15
MM 3235 (MADHYA PRADESH)

7. SMT. CHHAYA BHAVEDI W/O SHRI PURSHOTTAM
BHAVEDI, AGED ABOUT 46 YEARS, R/O HOUSE
NO. 601 ANAND COLONY BALDEVBAGH DISTRICT
JABALPUR VEHICLE OWNER MP-15-MM-3235
(MADHYA PRADESH)

.....RESPONDENTS
(SHRI ARPAN SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO. 1)

These appeals coming on for orders this day, th e court passed the
following:
ORDER

Heard on I.A. No. 10282/2023, an application under Order 22 Rule 3 r/w Section 151 of C.P.C.

On due consideration, I.A. No. 10282/2023 is allowed. Name of appellant no. 3 be deleted from the array of cause title. These appeals are filed by the Insurance Company and the claimants

being aggrieved of the award dated 30/07/2022 passed by the learned XIIIth Motor Accident Claims Tribunal, District Jabalpur in MACC No. 1934/2016. Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 02-11-2023 11:52:51

As far as Insurance Company is concerned, it has taken a ground reading evidence of Shri Sanjay Dubey PW-3 that it is a case of false implication of the offending vehicle.

It is submitted that he claims himself to be a friend of the deceased but he did not lodge F.I.R. immediately and F.I.R. was registered on 22/03/2016 whereas accident too had taken place on the same day.

Thus, argument of false implication of the offending vehicle is not made out.

Number of the offending vehicle is mentioned in the F.I.R. Ex. P-2 which was promptly lodged at 16:50 hours for an accident which took place at 1:30 P.M.

Thus, the appeal filed by the Insurance Company on the ground of false implication deserves to be dismissed and is hereby dismissed.

As far as appeal of the claimants is concerned, their contention is that vide Ex. P-9, it has been demonstrated that the salary at the time of the accident was to the tune of Rs. 63,585/- per month or Rs. 7,63,020/- per annum.

It is submitted that PW-2 Shri Kanhaiyalal Yadav in para 2 of his Examination-in-Chief has categorically deposed that salary of the deceased was Rs. 65,585/- and, therefore, that salary should be taken into consideration.

It is also submitted that computation of filial compensation should have been awarded in favour of major sisters of the deceased who are unmarried, in as much as, under the Hindu Succession Act, sisters will be Class-II legal heir and after payment of compensation in favour of Class-I legal heir, compensation under loss of filial consortium should have been granted in favour of the unmarried sisters.

Signature Not Verified As far as income is concerned, certificate Annexure P-9 demonstrates Signed by: VAIBHAV YEOLEKAR Signing time: 02-11-2023 11:52:51

that the total income was Rs. 63,585/- for Rs. 7,63,020/- and not Rs. 65,585/- which appears to be a typographical error as has been deposed by Shri Kanhaiyalal Yadav.

As per the income tax slab applicable on the date of the accident, income upto the rate of Rs. 2,50,000/- was exempt from payment of income tax. Thereafter, on remaining sum of Rs. 2,50,000/- i.e. upto Rs. 5,00,000/-, a sum of 10% was payable as income tax and then on the remaining amount, 20% was payable as Income Tax. Thus, total income tax payable comes out to Rs. 77,604/-. When this amount of income tax is deducted from the net income of the deceased, then it comes out to Rs. 6,85,516/-. Besides this, professional tax of Rs. 2,500/- will also be deducted taking net dependency to Rs. 6,82,916/- .

The Tribunal has made 1/4th deduction towards the living expenses of the deceased and has added 15% towards the future prospects taking into consideration the age of the deceased to be around 54 years and, thereafter, it has applied multiplier of 11 which when applied takes total pecuniary compensation to Rs. 64,79,165.55/-, over and above which Rs. 70,000/- is payable under the head of funeral expenses, loss of estate and loss of consortium for wife and another sum of Rs. 40,000/- under the head of loss of child consortium for the father taking total compensation to Rs. 65,89,166/- in place of Rs. 62,95,894/- awarded by the learned Claims Tribunal.

Thus, total enhancement will come out to Rs. 2,93,272/- (Rupees Two lakhs ninety three thousand two hundred and seventy two only) which will be admissible in favour of claimant no. 1.

This amount shall remain invested in a monthly income scheme of the Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 02-11-2023 11:52:51

Indian Post Office or in a Nationalized Bank in the name of claimant no.1 for a period of ten years so that principle amount along with accrued interest shall remain intact and the claimant will be entitled to utilize its monthly interest for her well being and maintenance.

At this stage, learned counsel for the appellants/claimants has placed reliance on the judgment of Supreme Court dated 13/10/2022 in Heeralal and others Vs. Ram Prasad and others S.L.P. (C) Nos. 3719-3720 of 2019 to point out that even younger siblings are entitled to payment of consortium under the head of loss of filial consortium but looking to the fact that unmarried sisters aged about 46 years and 45 years are major and were dependent on their father and not on the deceased and they being Class-II legal heirs are not entitled to any compensation in presence of Class-I legal heir, this court does not deem it proper to grant any compensation under the head of loss of filial consortium looking to the facts and circumstances of the case.

In above terms, the appeals are disposed of.

Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 02-11-2023 11:52:51