Smt. Omkunwar Bai vs Ajay Kumar Rai
2024 Latest Caselaw 3906 MP

Madhya Pradesh High Court

Smt. Omkunwar Bai vs Ajay Kumar Rai on 9 February, 2024

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                         BEFORE
        HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                 ON THE 9 th OF FEBRUARY, 2024
                 MISC. APPEAL No. 5267 of 2022

BETWEEN:-
1.    SMT. OMKUNWAR BAI W/O LATE ROHIT, AGED
      ABOUT 26 YEARS, GRAM GOPALPUR TEHSIL
      AASHTA DISTRICT SEHORE M.P. (MADHYA
      PRADESH)

2.    DIVYAANSH S/O LATE ROHIT, AGED ABOUT 6
      Y E A R S , OCCUPATION: MINOR  THROUGH
      NATURAL GUARDIAN SMT. OMKUNWAR BAI W/O
      LATE ROHIT AGE 26 YEARS R/O GRAM
      GOPALPUR TEHSIL AASHTA DISTRICT SEHORE
      (MADHYA PRADESH)

3.    PREYANSH S/O LATE ROHIT, AGED ABOUT 4
      Y E A R S , OCCUPATION: MINOR  THROUGH
      NATURAL GUARDIAN SMT. OMKUNWAR BAI W/O
      LATE ROHIT AGE 26 YEARS R/O GRAM
      GOPALPUR TEHSIL AASHTA DISTRICT SEHORE
      (MADHYA PRADESH)

4.    KAUSHALYA BAI W/O SAWAAI SINGH, AGED
      ABOUT 45 YEARS, R/O GRAM GOPALPUR TEHSIL
      AASHTA DISTRICT SEHORE (MADHYA PRADESH)

5.    SAWAAI SINGH S/O KUNWARJI LAL, AGED ABOUT
      46 YEARS, R/O GRAM GOPALPUR TEHSIL AASHTA
      DISTRICT SEHORE (MADHYA PRADESH)

6.    KUNWARJI LAL S/O BHOORALAL, AGED ABOUT
      70 YEARS, R/O GRAM GOPALPUR TEHSIL AASHTA
      DISTRICT SEHORE (MADHYA PRADESH)

                                                  .....APPELLANT
(BY MS. PRIYANKA TIWARI - ADVOCATE)

AND
1.    AJAY KUMAR RAI S/O PANCHAMSINGH RAI,
      AGED ABOUT 48 YEARS, BADIYAKHEDI TEHSIL
                              2
      DISTRICT SEHORE M.P. (MADHYA PRADESH)

2.    VISHAL RAI S/O JAIPRAKASH RAI, AGED ABOUT
      30 YEARS, R/O BHOPAL NAKA SEHORE DISTRICT
      SEHORE (MADHYA PRADESH)

3.    UNITED INDIA INSURANCE COMPANY LTD.
      THROUGH BRANCH MANAGER BRANCH OFFICE
      IN FRONT OF STATE BANK OF INDIA SEHORE
      DISTRICT SEHORE (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI YASH KAUSHAL - ADVOCATE)

      This appeal coming on for admission this day, th e court passed the
following:
                                 JUDGMENT

Heard.

2. This miscellaneous appeal has been preferred by the appellants/claimants for further enhancement of Rs. 4,50,000/- of the amount awarded by learned MACT, Sehore in M.A.C.C. No. 44/2021 whereby MACT has awarded an amount of Rs. 16,34,000/- along with interest @ 6 % per annum w.e.f. 17.03.2020 to the appellants.

3. The facts necessary for disposal of the present appeal in brief are that on 26.1.2019 deceased was coming to his home from Bhopal with his Dhanpal- brother-in-law (jija) after giving the interview by his motorcycle. When they reached at gram Pipaliya, respondent No.1 driver of the offending car No. MP- 37-C-1464, with rashly and negligently met with an accident with motorcycle, and due to accident the they fall down from his motorcycle and received grievous injuries. Thereafter he has taken to Government Hospital, Sehore. During the course of treatment, Dhanpal has died.

4. Learned counsel for the appellants submits that lerned tribunal has taken the income of the deceased at the rate of 25 days in a month while entire month

income is to be taken into account. While considering the compenstion amount it is also submitted by learned counsel for the appellants that on the head of loss of consortium has not been awarded in favour of each an every claimants that ought to be awarded in their favour, therefore, compensation amount is to be enhanced accodingly.

5. Per contra, Per contra, learned counsel for the respondent No. 3 submits that proper compensation has been awarded on various heads.

6. Having heard learned counsel for the parties and after perusal of the award, it is found that the learned tribunal has assumed income of the deceased at the rate of rate of 25 days in a month while it ought to be taken into consideration the income of 30 days in a month and if calculation is made accordingly thereto, as per taking the income of the deceased as Rs. 7950/- and adding 40% of future prospects, deducting 1/4 for personal expenses and applying multiplier of 17, the amount comes to Rs. 17,02,890/- while tribunal has awarded amount of Rs. 15,64,000/-, therefore, the difference of amount comes to Rs. 1,38,890/- and adding the consortium amount to claimants No. 2 to 5 the i.e. Rs. 1,60,000/- the amount comes to Rs. 2,98,890/- which ought to be enhanced in addition to compensation award by the tribunal. The calculation for the purpose is not disputed by the learned counsel for the parties.

7. Accordingly, in addition to the amount awarded by learned MACT, Sehore

an amount of Rs. 2,98,890/- is hereby enhanced. The other conditions imposed by learned MACT, Sehore shall remain intact.

8. With the aforesaid observation, this miscellaneous appeal is disposed off.

9. Interim application(s), if any, shall stand disposed off.

(RAJENDRA KUMAR VANI)

JUDGE

SINGH RANA Date: 2024.02.13 16:46:32 +05'30'