Madhya Pradesh High Court
Smt. Seema Naagar (Jatav) vs Rajesh on 8 August, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1 MA-1035-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 8 th OF AUGUST, 2024
MISC. APPEAL No. 1035 of 2022
SMT. SEEMA NAAGAR (JATAV) AND OTHERS
Versus
RAJESH AND OTHERS
Appearance:
Shri R.P.Gupta, learned counsel for the appellants.
Shri Sourav Singh Tomar, learned counsel for respondents No. 1 and 2.
Shri N.S.Tomar, learned counsel for respondent No. 3.
ORDER
The appellants/claimants have filed this Appeal under Section 173 of
the Motor Vehicles Act, 1988 assailing the award dated 10/1/2022 passed by
8th Member, Motor Accident Claims Tribunal, Gwalior (M.P.) in MACC
No.981/2018 by which the learned Claims Tribunal awarded a total sum of
Rs.12,33,800/- with 6% interest to the appellants/claimants by way of
compensation for the death of one Jitendra Singh alias Rinku in road
accident dated 6/7/18.
2. According to claimant, the compensation awarded by the learned
Tribunal is on lower side, hence needs to be enhanced. So the question that
arises for consideration is whether any case for enhancement of
compensation awarded by the Tribunal on facts/ evidence adduced is made
out and if so to what extent?
3. It is not necessary to narrate the entire facts in detail, such as how
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the accident occurred, who was negligent in driving the offending vehicle,
who is liable for paying compensation etc. It is for the reason that all these
findings are recorded in favour of claimants by the Tribunal. Secondly, the
findings though recorded in favour of claimants are not under challenge at
the instance of any of the respondents such as owner/driver or insurance
company either by way of cross-appeal or cross-objection. In this view of the
matter, there is no justification to burden the judgment by detailing facts on
all these issues.
4. As observed supra, it is an death case. on 6/7/2018 at about 11.45
pm when deceased Jitendra was driving motorcycle from Bhind to Malanpur
and one Tilak Singh was sitting with him as pillion rider, it is alleged that as
soon as they reached near Gurikha Petrol Pump, the driver of car No.
MP30C4109 by driving in a very high speed in rash and negligent manner hit
the motorcycle, due to which both fell down and sustained grievous injuries.
Deceased was taken to hospital where during treatment, he succumbed to the
injuries sustained by him, therefore, his family members/claimants i.e. wife,
child, parents and sister preferred claim case seeking compensation of Rs.
1,03,80,000/-.
5. Learned counsel for the appellant submitted that the Claims
Tribunal assessed the income of deceased at Rs. 6,100/- per month; whereas,
deceased used to earn No. 15,000/- per month as a machining engineer work
at Raje Filling Center.
6. Learned counsel for the respondents submit that the amount
awarded by the learned Tribunal is just and proper and no case for
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enhancement is made out. Hence prays for dismissal of the appeal.
7. I have heard learned counsel for the parties and perused the record.
8. From perusal of the record as well as findings as recorded in the
impugned award, in the opinion of this Court the income of deceased as
assessed by the Claims Tribunal is on the lower side and therefore, same is
assessed at Rs. 8,200/- per month, as minimum remuneration of semi skilled
person was at that time, because deceased deceased was an educated person
and was under going Engineering and evidence is available regarding his
being working at Raje Filling Centre as a machining engineer. Thus, by
assessing his monthly income at Rs. 8,200/- per month, his yearly income
comes to Rs. 98,400/- to which 1/4 is required to be deducted towards
personal expenses and after deducting the same, remaining amount comes to
Rs. 73,800/- now 40% is required to be added as future prospects and after
adding the same, amount comes to Rs. 73,800/- + 29520/- = 1,03,320.
Multiplier of 15 is required to be applied and after applying the same, the
compensation to which claimants are entitled for under the head loss of
dependency comes to Rs. 15,49,800/- to which Rs. 70,000/- is required to be
added under the heads funeral expenses, loss of estate and loss of consortium
and after adding the same, total compensation amount comes to Rs.
16,19,800/-. The Claims Tribunal has already awarded a compensation of
Rs. 12,33,800/- therefore, claimants are held entitled to receive an enhanced
compensation of Rs. 3,86,000/- which shall carry interest @ 6% per annum
from the date of claim case and shall be payable to the claimants within two
months from today. Rest of the conditions as imposed by Claims Tribunal
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shall remain intact.
9. Appeal stands allowed in part and impugned award is modified to
the extent as indicated hereinabove.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
JPS/-
