Madhya Pradesh High Court
Smt. Saifilbai vs Deepak on 6 August, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JUSTICE HIRDESH
ON THE 6th OF AUGUST, 2024
MISC. APPEAL No. 1349 of 2018
SMT. RAMKANYABAI AND OTHERS
Versus
DEEPAK AND OTHERS
Appearance:
Shri Manish Jain, learned counsel for the appellants.
Shri MayankUpadhyay, learned counsel for respondent no.3.
WITH
MISC. APPEAL No. 3806 of 2017
IFFCO TOKIO GENERAL INSURANCE CO.LTD. THR.
Versus
RAMKANYA BAI AND OTHERS
Appearance:
ShriMayankUpadhyay, learned counsel for the appellant.
Shri Manish Jain, learned counsel for respondents no.1 to 6.
MISC. APPEAL No. 3810 of 2017
IFFICO TOKIO GENERAL INSURANCE CO.LTD.
Versus
SAYPHIL BAI AND OTHERS
Appearance:
ShriMayankUpadhyay, learned counsel for the appellant.
Shri Manish Jain, learned counsel for respondents no. 1 to 3.
MISC. APPEAL No. 1351 of 2018
SMT. SAIFILBAI AND OTHERS
Versus
DEEPAK AND OTHERS
Appearance:
Shri Manish Jain, learned counsel for the appellants.
ShriMayankUpadhyay, learned counsel for respondent no.3.
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 07-08-2024
15:11:21
2
ORDER
The aforesaid appeals are being disposed of by this common order as
they arise out of the same award.
2. M.A.No.3806/2017 and M.A.No.3810/2017are filed by the
Insurance Company for reduction of compensation and M.A.No.1349/2018 and
M.A.No.1351/2018 are filed by the claimants on account of inadequacy of
compensation and seeking enhancement of amount of compensation.
3. The appeals are arising out of the award dated 17.08.2017 passed
by Member, MACT, Sardarpur, district Dhar in claim case nos.134/2015 and
135/2015.
4. 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 the case of death of
Nathunath (M.A.No.1349/2018) and Kailash Nath (M.A.No.1351/2018), the
Tribunal has awarded a total compensation of Rs.11,00,096/- and Rs.8,24,888/-
respectively along with interest.
5. The Insurance Company has filed the appeals (M.A.No.3806/2017
and M.A.No.3810/2017) on the ground that the learned Tribunal has
committed grave error in awarding excessive award amount to the claimants.
The Tribunal has also committed error in assessing the income of the deceased
on higher side. It is also submitted that the learned Tribunal has granted excess
amount under the conventional head also. Hence prays for reduction of the
compensation in the appeals filed by the Insurance Company.
6. Learned counsel for the appellants/claimants in
M.A.No.1349/2018 and M.A.No.1351/2018 submitted that the Tribunal has
committed 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 also committed error in assessing the income of the deceased as
Rs.6,250/- per month. He also submits that the Tribunal has committed error in
not considering the future prospect in the light of the judgment in the case of
National Insurance Company Ltd. Vs. Pranay Sethi and others 2017 ACJ
2700. It is also submitted that the Tribunal has committed error in granting
meagre amount under the head of consortium, loss of estate and funeral
expenses. However, adding future prospects and applying adequate multiplier
reasonable amount of compensation may be awarded. Hence, prays for just and
proper amount of compensation in the appeals.
7. On the other hand, both the learned counsel have opposed the
appeals of each other.
8. After hearing counsel for both the parties and on perusal of the
award of Tribunal and the record, it is found that the deceased were skilled
labourers and considering the nature of work, in the considered opinion of this
Court, the Tribunal has rightly assessed the income of deceased and the amount
awarded under other heads are also just and proper. Hence, the finding in this
regard needs no interference. So the appeals filed by the Insurance Company
have no substance and liable to be dismissed.
9. After hearing learned counsel for the parties and going through the
record, I find substance in the arguments advanced by the counsel for the
claimants/appellants. So far as consortium is concerned, considering the
number of dependents, the same is on the lower side, therefore, in the
considered opinion of this Court, the compensation amount is on the lower side
in M.A.No.1349/2018 and M.A.No.1351/2018 which deserves to be enhanced
as under:M.A.No.1349/2018.
Income of the deceased Rs.6,250/- x 12 =75,000/- plus
Rs.30,000/- (40% FP)=Rs.1,05,000/-
less 1/4th =Rs.78,750/- x 16
=Rs.12,60,000/-
Consortium Rs.2,64,000/-
Loss of estate Rs.16,500/-
Funeral expenses Rs.16,500/-
Total Amount Rs.15,57,000/-
MACT Award Rs.11,00,096/-
Enhanced amount Rs.4,56,904/-
M.A.No.1351/2018.
Income of the deceased Rs.6,250/- x 12 =75,000/- plus
Rs.18,750/- (25% FP)=Rs.93,750/- less
1/3rd =Rs.62,500/- x 14 =Rs.8,75,000/-
Consortium Rs.1,32,000/-
Loss of estate Rs.16,500/-
Funeral expenses Rs.16,500/-
Total Amount Rs.10,40,000/-
MACT Award Rs.8,24,888/-
Enhanced amount Rs.2,15,112/-
10. Thus, the just and proper amount of compensation in
M.A.No.1349/2018 is Rs.15,57,000/-as against the award of the Tribunal of
Rs.11,00,096/-.Accordingly, the appellantsare entitled to an additional sum of
Rs.4,56,904/-over and above the amount which has been awarded by the
Tribunal.
11. Thus, the just and proper amount of compensation in
M.A.No.1351/2018 is Rs.10,40,000/-as against the award of the Tribunal of
Rs.8,24,888/-. Accordingly, the appellants are entitled to an additional sum of
Rs.2,15,112/-over and above the amount which has been awarded by the
Tribunal.
12. In the result, the appeal filed by the Insurance Company
(M.A.No.3806/2017 and M.A.No.3810/2017)are dismissed. The appeal filed
by the claimants (M.A.No.1349/2018 and M.A.No.1351/2018) are partly
allowed to the extent 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.
Let a copy of this order be kept in the record of all connected matters.
(HIRDESH)
JUDGE
RJ
