Madhya Pradesh High Court
Anand Singh vs Guru Nandan on 7 February, 2024
Author: Amar Nath Kesharwani
Bench: Amar Nath Kesharwani
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 07TH OF FEBRUARY, 2024
MISC. APPEAL No.4692 of 2022
BETWEEN:-
1. ANAND SINGH S/O CHHATARU SINGH UIKEY,
AGED ABOUT 41 YEARS, CASTE GOND (S.T.) R/O
BARRATOLA, WARD NO.16, VILLAGE BAMHANI
KOKO, P.S. & TEH. BICHHIYA, DISTRICT MANDLA
(MADHYA PRADESH)
2. SMT. NANNI @ NANHI UIKEY W/O ANAND
SINGH UIKEY, AGED ABOUT 38 YEARS, CASTE GOND
(S.T.) R/O BARRATOLA, WARD NO.16, VILLAGE
BAMHANI KOKO, P.S. & TEH. BICHHIYA, DISTRICT
MANDLA (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI S.K. SAINI - ADVOCATE)
AND
1. GURU NANDAN S/O KHEMKARAN NANDA,
AGED ABOUT 27 YEARS R/O GRAM MADHOPUR, P.S.
BAMHANI, TEHSIL & DISTRICT MANDLA (MADHYA
PRADESH)
2. DINESH KUMAR S/O ANANTRAM PATEL, AGED
ABOUT 50 YERS, R/O WARD NO.5, GRAM MADHOPUR,
P.S. BAMHANI, TEHSIL AND DISTRICT MANDLA
(MADHYA PRADESH)
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 09-02-2024
19:28:56
2
3. THE NATIONAL INSURANCE CO. LTD., RANI
AWANTI BAI WARD, MANDLA, DISTRICT MANDLA
.....RESPONDENTS
(NONE FOR THE RESPONDENTS, THOUGH SERVED)
....................................................................................................
This appeal coming on for admission this day, the court passed the following:
ORDER
Heard on admission.
Admit.
With the consent of learned counsel for the appellant, heard final
arguments.
This is an appeal filed by the appellants/claimants under Section
173(1) of the Motor Vehicles Act, 1988 against the award dated
13/07/2022 passed by Motor Accident Claims Tribunal, Mandla (M.P.) in
MACC No.316/2020. By the impugned award, the learned Claims
Tribunal awarded a total sum of Rs.8,26,000/- (Eight lakh twenty six
thousand) with interest @ 6% per annum to the appellants/claimants for
the death of Dubesh Uikey aged about 21 years, who died in motor
vehicle accident. According to claimants i.e. appellants herein, the
compensation awarded by the learned Claims Tribunal is on lower side
and hence, needs to be enhanced.
2. Since, this Appeal is for the enhancement in the compensation
amount awarded by the Claims Tribunal, hence the question that arises
for consideration is whether any case for enhancement in compensation
awarded by the learned Claims Tribunal on facts and 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
the accident occurred, who was negligent in driving the offending
vehicle, who is liable for paying compensation etc. It is for the reason
that firstly all these findings are recorded in favour of
appellants/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 filing an appeal or cross-objection. In this view of the matter,
there is no justification to burden this order by detailing facts on all these
issues.
4. Learned counsel for the appellants submits that in a motor accident
which took place on 29/06/2020 Dubesh Uikey died leaving behind her
parents. It is submitted that the learned Tribunal assessed the income of
deceased @ Rs.5,000/- (Five thousand) per month and as he was
unmarried, therefore, deducted 1/2 towards personal expenses. For the
purpose of computation the amount of loss of dependency, learned
tribunal added 40% towards future prospects keeping in view the law laid
down by Hon'ble Apex Court in the case of National Insurance
Company Ltd. vs. Pranay Sethi & ors (2017) 16 SCC 680 and keeping in
view the age of deceased also applied the multiplier of 18 and awarded a
sum of Rs.7,56,000/- (Seven lakhs fifty six thousand) towards loss of
dependency. Learned Tribunal awarded total sum of Rs.8,26,000/- (Eight
lakhs twenty six thousand), breakup of which is as under :-
Rs.7,56,000/- Towards loss of dependency
Rs.15,000/- Towards loss of estate
Rs.15,000/- Towards funeral expenses
Rs.40,000/- Towards loss of filial consortium
5. Learned counsel for the appellants further submitted that the alleged
incident took place on 29/06/2020 and learned Tribunal assessed the
income of deceased as Rs.5,000/- per month, while as per Minimum
Wages Act monthly income for an unskilled labour on the date of
incident was Rs.8,275/- (Eight thousand two hundred seventy five) per
month, which should be assessed. Learned counsel further submitted that
the learned Tribunal has only awarded a sum of Rs.40,000/- (Forty
thousand) under the head of filial consortium, which should be
Rs.40,000/- (Forty thousand) for each appellants and is on lower side.
Learned counsel further submits that on other heads also amount awarded
is on lower side, which deserves to be enhanced. Accordingly, it is prayed
that the appeal be allowed and amount of compensation be enhanced
substantially.
6. I have heard the learned counsel for the parties, perused the record
and gone through the impugned award.
7. It appears from the record that the alleged incident is dated
29/06/2020, therefore, income of the deceased assessed by the learned
Tribunal as Rs.5,000/- (Five thousand) per month appears to be on lower
side, which ought to have been Rs.8,275/- (Eight thousand two hundred
seventy five) per month. Keeping in view the law laid down by Hon'ble
Apex Court in the case of Sarla Verma Vs. DTC, 2009 (6) SCC 121 the
multiplier of 18 has rightly been applied by the learned Tribunal. Learned
tribunal added 40% towards future prospects, which also appears to be
just and proper keeping in view the law laid down by Hon'ble Apex Court
in the case of National Insurance Company Ltd. vs. Pranay Sethi & ors
(2017) 16 SCC 680. Similarly, as the deceased was unmarried, therefore,
deduction of 1/2 towards personal expenses is also appears to be just and
proper.
8. As discussed above, considering the monthly income of the
deceased @ Rs.8,275/- (Eight thousand two hundred seventy five) per
month and 40% of the assessed income is to be added towards future
prospect, which comes to Rs.11,585/- (Eleven thousand five hundred
eighty five). 1/2 is to be deducted towards personal expenses of the
deceased, which comes to Rs.5,792/- (Five thousand seven hundred
ninety two). Thus, yearly income will comes to Rs.69,504/- (Sixty nine
thousand five hundred four) and thereafter multiplier of 18 will be
applied for the purpose of computation of amount towards loss of
dependency, which comes to Rs.12,51,072/- (Twelve lakh fifty one
thousand seventy two).
9. It also appears from Para-18 of the impugned award that the
learned Claims Tribunal awarded a sum of Rs.40,000/- under the head of
filial consortium for both the claimants, which appears to be on lower
side. So keeping in view the judgments passed by Hon'ble Apex Court in
the cases of Janabai wd/o Dinkarrao Ghorpade vs. ICICI Lombord
Insurance Company Ltd. (2022) 10 SCC 512 and Magma General
Insurance Company Ltd. vs. Nanu Ram @ Chuhru Ram & ors.
(2018) 18 SCC 130 a sum of Rs.44,000/- each will be appropriate to
award towards loss of filial consortium to claimants/appellants. Similarly
amount awarded under the head of loss of estate and funeral expenses is
also on lower side, which is enhanced to Rs.16,500/- (Sixteen thousand
five hundred) on each head. Thus, claimants will be entitled for a sum of
Rs.16,500/- (Sixteen thousand five hundred) under the head of loss of
estate and Rs.16,500/- (Sixteen thousand five hundred) under the head of
funeral expenses.
10. In view of above discussion, appellants/claimants shall be entitled
for the following amount of compensation :-
Rs.12,51,072/- Towards loss of dependency
Rs.16,500/- Towards loss of estate
Rs.16,500/- Towards funeral expenses
Rs.88,000/- Towards loss of filial consortium
---------------------------------------------------------------------
Rs.13,72,072/- Total
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11. Thus, the appellants/claimants will be entitled for a total sum of
Rs.13,72,072/- (Thirteen lakhs seventy two thousand seventy two)
instead of Rs.8,26,000/- (Eight lakhs twenty six thousand). Thus, there
shall be enhancement to the tune of Rs.5,46,072/- (Five lakhs forty six
thousand seventy two), which shall fetch interest @ 6% per annum from
the date of filing of claim petition till the date of actual payment. The
enhanced amount be paid within 60 days from the date of receipt of
certified copy of this order. Other terms and condition of the award shall
remain intact.
12. It is pertinent to mention here that the appellants have valued the
appeal as Rs.3,00,000/- (Three lakhs) and paid the Court fee as per
valuation, therefore, appellants are directed to pay the Court fee on
additional amount of Rs.2,46,072/- (Two lakhs forty six thousand seventy
two) also within a period of 30 days from the date of receipt of certified
copy of this order. If the Court fee is not paid within the stipulated period,
then this order will be restricted only up to the amount of Rs.3,00,000/-
(Three lakhs).
13. With the aforesaid, appeal stands disposed of.
14. Records of the claims Tribunal be sent back alongwith the copy of
this order for information and necessary compliance.
No order as to costs.
(AMAR NATH (KESHARWANI))
JUDGE
as.
