Madhya Pradesh High Court
Mahesh vs Ganesh on 1 August, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'LE SHRI JUSTICE HIRDESH
ON THE 1st OF AUGUST, 2024
MISC. APPEAL No. 855 of 2021
MAHESH AND OTHERS
Versus
GANESH AND OTHERS
Appearance:
Shri Himanshu Paliwal, learned counsel for the appellants.
Shri Manoj Kumar Soni, learned counsel for respondent no.3.
ORDER
This appeal by the claimants under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 05.11.2019 passed by XXVI Additional
Member MACT, Indore in Claim Case No.2671/2017 on account of inadequacy
of compensation and seeking enhancement of compensation.
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, in case of death of Sunil, the
Tribunal has awarded a total compensation of Rs.9,10,000/- along with interest
from the date of filing of the claim petition till realisation.
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
committed error in assessing the income of the deceased as Rs.6,250/- per month.
It is also submitted that taking the documents and evidence available on record,
income of the appellant be assessed as Rs.7,982/- per month and adding future
prospect and applying adequate multiplier reasonable amount may be awarded.
It is also submitted that the Tribunal has awarded meagre amount under the
head of consortium. 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. Heard the learned counsel for the parties and perused the record.
6. After hearing learned counsel for the parties and going through the record, I
find substance in the arguments advanced by the counsel for the appellant. In the
light of judgment in the case of United India Insurance Co.Ltd. Vs. Satinder
Kaur @Satvinder Kaur and others, (2021) 11 Supreme Court Cases 780
claimants are also entitled to get parental filial consortium. 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 as under:
Income of the deceased Rs.7,982/- plus 40% x12 x16 x1/2
=Rs.10,72,780/-
Consortium Rs.80,000/-
Loss of estate Rs.15,000/-
Funeral expenses Rs.15,000/-
Total Amount Rs.11,82,780/-
7. Thus, the just and proper amount of compensation in the instant case is
Rs.11,82,780/- as against the award of the Tribunal of Rs,9,10,000/-.
Accordingly, the appellants are entitled to an additional sum of Rs.2,72,780/- over
and above the amount which has been awarded by the Tribunal.
8. In the result, the appeal is partly allowed to the extent as indicated above.
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.
(HIRDESH)
JUDGE
RJ
