Madhya Pradesh High Court
Mohar Singh vs Tarik Khan on 7 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 7 th OF FEBRUARY, 2024
MISC. APPEAL No. 1682 of 2021
BETWEEN:-
1. MOHAR SINGH S/O SHRI SHANKER SINGH, AGED
ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST
AND LABOUR VILL. KULHOR P.S. BILKHIRIYA
DIST. BHOPAL MP (MADHYA PRADESH)
2. SMT. NARAYANI BAI W/O SHRI MOHAR SINGH,
AGED ABOUT 38 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE KULHOR PS BILKHIRIYA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHIV KUMAR SHARMA - ADVOCATE)
AND
1. TARIK KHAN S/O SHRI JAHID KHAN VILL.
LALRIYA TEH. BERASIYA DIST. BHOPAL MP
(MADHYA PRADESH)
2. JAHID KHAN S/O SHRI KALE KHAN VILLAGE
LALRIYA TAH. BERASIYA (MADHYA PRADESH)
3. UNITED INDIA INSURANCE CO.LTD. THR.
DIVISIONAL MANAGER 131/11 ZONE II MP NAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI KRISHNA KESAV SINGH - ADVOCATE FOR RESPONDENT NO3)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This appeal has been filed by the appellants under Section 173(1) of the
Motors Vehicle Act against the award dated 11/02/2021 passed by Member
MACT, Bhopal, District Bhopal (M.P.) in M.A.C.C. No. 773/2019, whereby
learned Tribunal has awarded an amount of Rs.5,20,000/-.
2 . Short question involved in the present appeal is with regard to
enhancement of compensation amount awarded by the Tribunal. Hence, facts
related to the accident etc. are not being reproduced/discussed.
3. Learned counsel for the appellants submits that at the time of incident
deceased was 16 years of age and studying in Class 10th. Learned Tribunal has
applied the multiplier of 15 while multiplier of 18 should be applied. Learned
Tribunal has assessed notional income of deceased as Rs. 30,000/- which is on
lower side. The amount of award in the head of loss of estate, love and
affection and funeral expenses are not sufficient therefore, prayed that suitable
amount be enhanced. In support of the contention, learned counsel for
appellants has placed reliance in the case of Reshma Kumari and others Vs.
Madan Mohan and another reported in (2013) AAC 2031. Hence, appeal may
be allowed and compensation be suitably enhanced.
4. Learned counsel for the respondent No.3 Insurance Company submits
that age of the deceased was 15 years at the time of accident. Claimant has not
produced any document regarding her study. The amount awarded by the
Tribunal is sufficient and he prayed for dismissal of the appeal. He has placed
reliance on Meena Devi Vs. Nunu Chand Mahto @ Nemchand Mahto & Ors.
reported in Special Leave Petition (Civil) No. 5345/2019 in which for death of
12 years old deceased girl, Rs. 5,00,000/- as compensation has been awarded.
5. I have heard the learned counsel for the parties and perused the record
of the case.
6. From perusal of the record it is found that in pre MLC report (Exhibit
P-6) of deceased, her age was mentioned as 14 years and in postmortem report
(Exhibit P-8) age is mentioned as 16 years. Although claimant Mohan Singh has
stated that her deceased daughter was studying in Class 10th but mark sheet or
any other document in which her date of birth is mentioned is not produced by
the claimant therefore, the Tribunal assessed the age of the deceased as 15
years. Finding of the Tribunal regarding age is based on proper appreciation
of evidence therefore, it is found that age of the deceased is 15 years at that
time. Tribunal has assessed notional income of the deceased as Rs. 30,000/-
per month which is as per law.
7. In this matter age of the deceased is 15 years and Tribunal has applied
multiplier of 15 which is correct. In Reshma Kumari (supra) case in para 40 (ii)
it is mentioned that where age of the deceased is up to 15 years then multiplier
of 15 will be applied therefore, in the light of Sarla Verma Vs. Delhi Transport
Corporation (2009) ACJ 1298 SC and Reshma Kumari's judgment, multiplier of
15 is correct therefore, this is affirmed.
8. In this matter, learned Tribunal has awarded Rs. 15000/- for loss of
estate and Rs. 15,000/- for funeral expenses, this amount is as per law. Learned
Tribunal has awarded Rs. 20,000/- for loss of love and affection but in the
considered opinion of this Court, this is not correct but in the light of National
Insurance Company vs. Pranay Sethi & Ors.; 2017 ACJ 2700 case, both
the claimants are being parents of the deceased are entitled to get Rs. 40,000/-
each for parental consortium. Thus, appellants are entitled to get Rs. 80,000/-.
9. As such, the total amount awarded to the claimants is enhanced from
Rs.5,20,000/- to Rs. 5,60,000/-. The enhanced amount comes to Rs. 40,000/-
(Rupees Forty Thousand only) with interest at the rate as fixed by the Tribunal
in the award which is directed to be paid to the claimants by the Insurance
Company in the same apportionment as directed by the claims tribunal. The
enhanced amount of compensation Rs. 40,000/- s hall be payable to the
claimants within 12 weeks from the date of production of a certified copy of
this order. Rest of the award impugned passed by the Tribunal shall remain
intact.
10.Appeal stands allowed to the aforesaid extent and disposed of.
11.Record of the learned Claims Tribunal be sent back.
(PRAMOD KUMAR AGRAWAL)
JUDGE
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