Madhya Pradesh High Court

Smt. Saroj Patel vs Shriniwas Patel on 8 September, 2023

Author: Vivek Agarwal

1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 8 th OF SEPTEMBER, 2023
MISC. APPEAL No. 508 of 2019

BETWEEN:-
1. SMT. SAROJ PATEL W/O KAILASHPATI PATEL,
AGED ABOUT 41 YEARS, OCCUPATION:
HOUSEWIFE VILL NOUDHIYA PRAHLAD, POST
NAUDHIYA ,P.S. LAOU DIST. REWA (MADHYA
PRADESH)

2. AKHILESH KUMAR PATEL S/O KAILASHPATI
PATEL, AGED ABOUT 21 YEARS, OCCUPATION:
STUDENT R/O VILLAGE NOUDHIYA, PRAHLAD,
POST NAUDHIYA, P.S.LAUR, DISTT REWA
PRESENTLY R/O BARA MOHALLA, HOUSE
NO.12/1217, AHEED OF PAWAR GAS GODOWN,
POST SIRMAUR CHOURAHA, REWA
P.S.UNIVERSITY TEHSIL HUZUR (MADHYA
PRADESH)

3. KU. REENU PATEL D/O KAILASHPATI PATEL,
AGED ABOUT 19 YEARS, OCCUPATION: STUDENT
R/O VILLAGE NOUDHIYA, PRAHLAD, POST
NAUDHIYA, P.S.LAUR, DISTT REWA PRESENTLY
R/O BARA MOHALLA, HOUSE NO.12/1217, AHEED
OF PAWAR GAS GODOWN, POST SIRMAUR
CHOURAHA, REWA P.S.UNIVERSITY TEHSIL
HUZUR (MADHYA PRADESH)

4. SAURABH PATEL S/O KAILASHPATI PATEL, AGED
ABOUT 14 YEARS, OCCUPATION: MINOR THR.
MOTHER AND NATURAL GUARDIAN SMT. SAROJ
PATEL R/O VILLAGE NOUDHIYA, PRAHLAD, POST
NAUDHIYA, P.S.LAUR, DISTT REWA PRESENTLY
R/O BARA MOHALLA, HOUSE NO.12/1217, AHEED
OF PAWAR GAS GODOWN, POST SIRMAUR
CHOURAHA, REWA P.S.UNIVERSITY TEHSIL
HUZUR (MADHYA PRADESH)

5. SURYABHAN PATEL S/O JAGDEV PRASAD PATEL,
AGED ABOUT 66 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE NOUDHIYA,
PRAHLAD, POST NAUDHIYA, P.S.LAUR, DISTT
Signature Not Verified
REWA PRESENTLY R/O BARA MOHALLA, HOUSE
Signed by: MOHD TABISH
KHAN
Signing time: 9/8/2023
6:38:26 PM
2
NO.12/1217, AHEED OF PAWAR GAS GODOWN,
POST SIRMAUR CHOURAHA, REWA
P.S.UNIVERSITY TEHSIL HUZUR (MADHYA
PRADESH)

.....APPELLANTS
(BY SHRI MOHAMMAD RIZWAN KHAN - ADVOCATE)

AND
1. SHRINIWAS PATEL S/O TRIVEDI PRASAD PATEL
C-4/19, BLOCK-C, ACAHARYA NIKETAN, DELHI,
(DELHI)

2. RAJKUMAR PATEL S/O M.M.PATEL R/O VILLAGE
DUBGAWAN KURMIYAN TOLA, POST MAUGANJ
P.S.MAUGANJ TAHSIL MAUGANJ (MADHYA
PRADESH)

3. UNITED INDIA INSURANCE CO. LTD , HAVING
BRANCH OFFICE AT M.P.SUDHAR NYAS
COMPLEX, SIRMAUR CHOWK (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI KAPIL PATWARDHAN - ADVOCATE FOR THE RESPONDENTS
NO.1 AND 2)
(BY SHRI T.S. LAMBA - ADVOCATE FOR RESPONDENT NO.3.)

MISC. APPEAL No. 545 of 2019

BETWEEN:-
1. SHRINIWAS PATEL S/O TRIVENI PRASAD PATEL
R/0 C- 4/19 BLOCK -C ACAHRYA NIKETAN DELHI
NEW DELHI (DELHI)

2. RAJKUMAR PATEL S/O M M PATEL VILL.
DUBGAWAN KURMIYAN TOLA, POST MAUGANJ
P.S MAUGANJ, (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI KAPIL PATWARDHAN - ADVOCATE)

AND
1. SMT. SAROJ PATEL W/O KAILASHPATI PATEL,
AGED ABOUT 41 YEARS, OCCUPATION:
HOUSEWIFE R/O VILLAGE NOUDHIYA PRAHLAD
Signature Not Verified
POST NAUDHIYA P.S. LAUR (MADHYA PRADESH)
Signed by: MOHD TABISH
KHAN
Signing time: 9/8/2023
6:38:26 PM
3

2. AKHILESH KUMAR PATEL S/O KAILASHPATI
PATEL, AGED ABOUT 21 YEARS, R/O VILLAGE
NOUDHIYA PRAHLAD POST NAUDHIYA P.S. LAUR
PRESENTLY R/O BARA MOHALLA HOUSE NO.
12/1217 AHEAD OF PAWAR GAS GODAWN, POST
SIRMAUR, CHOURAHA, REWA P.S UNIVERSITY,
THE. HUZAR (MADHYA PRADESH)

3. REENU PATEL D/O KAILASHPATI PATEL, AGED
ABOUT 19 YEARS, R/O VILLAGE NOUDHIYA
PRAHLAD POST NAUDHIYA P.S. LAUR PRESENTLY
R/O BARA MOHALLA HOUSE NO. 12/1217 AHEAD
OF PAWAR GAS GODAWN, POST SIRMAUR,
CHOURAHA, REWA P.S UNIVERSITY, THE. HUZAR
(MADHYA PRADESH)

4. SAURABH PATEL S/O KAILASHPATI PATEL, AGED
ABOUT 14 YEARS, OCCUPATION: MINOR
THROUGH MOTHER AND NATURAL GUARDIAN
SMT SAROJ PATEL R/O VILLAGE NOUDHIYA
PRAHLAD POST NAUDHIYA P.S. LAUR PRESENTLY
R/O BARA MOHALLA HOUSE NO. 12/1217 AHEAD
OF PAWAR GAS GODAWN, POST SIRMAUR,
CHOURAHA, REWA P.S UNIVERSITY, THE. HUZAR
(MADHYA PRADESH)

5. SANTOSIYA BAI W/O SURYABHAN PATEL, AGED
ABOUT 64 YEARS, R/O VILLAGE NOUDHIYA
PRAHLAD POST NAUDHIYA P.S. LAUR PRESENTLY
R/O BARA MOHALLA HOUSE NO. 12/1217 AHEAD
OF PAWAR GAS GODAWN, POST SIRMAUR,
CHOURAHA, REWA P.S UNIVERSITY, THE. HUZAR
(MADHYA PRADESH)

6. UNITED INDIA INSURANCE CO. LTD THROUGH
HAVING BRANCH OFFICE AT M.P.SUDHAR NYAS
COMPLEX, SIRMAUR CHOWK (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MOHAMMAD RIZWAN KHAN - ADVOCATE FOR RESPONDENTS
NO.1 TO 5)
(BY SHRI T.S. LAMBA - ADVOCATE FOR RESPONDENT NO.6)

These appeals coming on for admission this day, the court passed the
following:
ORDER

These appeals are filed respectively by the claimants and the owner driver Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 9/8/2023 6:38:26 PM

of the offending vehicle being aggrieved of award dated 13.10.2018 passed by learned 2nd Additional Motor Accident Claims Tribunal, Rewa in Claim Case No.133 of 2014 (Smt. Saroj Patel and Others Vs. Shriniwas Patel and others).

As far as claimants are concerned, they have filed these appeals seeking enhancement on the ground that accident took place on 20.02.2014. Tribunal has considered income of the deceased at Rs.06,92,633/- (Rupees Six Lacs Ninety Two Thousand Six Hundred and Thirty Three Only) after deducting income tax of Rs.60,127/- (Rupees Sixty Thousand One Hundred and Twenty Seven Only), income of the deceased is considered at Rs.06,32,506/- (Rupees Six Lacs Thirty Two Thousand Five Hundred Six Only).

It has come on record that age of the deceased was 42 1/2 years, therefore, 30% has been added by the learned Tribunal, taking total income at Rs.08,22,257/- (Rupees Eight Lacs Twenty Two Thousand Two Fifty Seven Only). 1/4th has been deducted towards the living expenses of the deceased and then multiplier of 14 is applied, taking total compensation to Rs.86,33,698/- . Besides this Rs.70,000/- (Rupees Seventy Thousand Only) has been paid under the head of non-pecuniary compensation, taking total compensation to Rs.87,03,698/- (Rupees Eighty Seven Lacs Three Thousand Six Hundred Ninety Eight Only).

Prayer of the claimants is to direct the Insurance Company to pay the compensation and then recover it from the owner driver of the offending vehicle.

Owner driver of the offending vehicle submits that except for a sum of Rs.40,000/- (Rupees Forty Thousand Only) whole liability has been fastened on the owner driver of the offending vehicle.

I have perused the memo of appeal and going through the record, it is Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 9/8/2023 6:38:26 PM

evident that policy in question Ex.D-16 (C) is a proposal form for private car/two wheeler and commercial vehicle.

Policy Ex.D-17(c) is private car, liability only policy. Premium of Rs.120.00/- is charged for unnamed passengers five amount Rs.50,000/- per person.

Thus, it is evident that in the light of the law laid down by Hon'ble Supreme Court in National Insurance Company Limited Vs. Balakirshnan and Another, (2013) 1 SCC 731 . In absence of comprehensive policy, risk undertaken by the Insurance Company for a passenger traveling in the car which met with an accident has to be limited to the contractual liability. As per the policy, contractual liability is limited to Rs.50,000/- (Rupees Fifty Thousand Only) per passenger. Therefore, liability is to be restricted to Rs.50,000/- (Rupees Fifty Thousand Only) per passenger. This aspect has been dealt with by a Coordinate Bench of this High Court at Gwalior Bench in M.A. No.303/2006 (Smt. Neha Bhadauriya and Others Vs. Ehsan Khan and Another), wherein Coordinate Bench placing reliance on the judgment of Hon'ble Supreme Court in Oriental Insurance Company Limited Vs. Sudhakaran K.V. and others (2008) ACJ 2048 has held that liability of the Insurance Company will be limited to the contractual liability and in view of such facts, Insurance Company when it had not undertaken to compensate the claimants to the extent of actual liability but only to the extent of contractual liability cannot be asked to pay and recover. They will be required to only pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with accrued interest thereon.

Thus, impugned award is modified and it is directed that Insurance

Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 9/8/2023 6:38:26 PM

Company will a sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with accrued interest and remaining amount is to be satisfied by the owner driver of the offending vehicle.

At this stage, Shri Kapil Patwardhan submits that clause inserted by the learned Tribunal for awarding penal interest @9% being contrary to the judgment of Hon'ble Supreme Court in National Insurance Company Limited Vs. Keshav Bahadur and Others, (2004) 2 SCC 370, is not sustainable.

This argument is acceptable and clause of penal interest too is deleted from the impugned award.

In above terms, both the appeal are disposed of.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 9/8/2023 6:38:26 PM