Madhya Pradesh High Court
Smt. Saroj Bai vs Kundan Singh on 12 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 12 th OF FEBRUARY, 2024
MISC. APPEAL No. 5733 of 2022
BETWEEN:-
1. SMT. SAROJ BAI W/O LATE SHANKAR LAL
SHARMA, AGED ABOUT 38 YEARS, R/O VILLAGE
JAITPUR KALA POLICE STATION LAKHANWADA
DISTRICT SEONI (MADHYA PRADESH)
2. MISS ARTI D/O LATE SHANKAR LAL SHARMA,
AGED ABOUT 19 YEARS, VILLAGE JAITPUR KALA
POLICE STATION LAKHANWADA DISTRICT SEONI
(MADHYA PRADESH)
3. MUKESH @ SONU S/O LATE SHANKAR LAL
SHARMA, AGED ABOUT 22 YEARS, VILLAGE
JAITPUR KALA POLICE STATION LAKHANWADA
DISTRICT SEONI (MADHYA PRADESH)
4. MONU S/O LATE SHANKAR LAL SHARMA, AGED
ABOUT 17 YEARS, VILLAGE JAITPUR KALA
POLICE STATION LAKHANWADA DISTRICT SEONI
(MADHYA PRADESH)
5. RESHMI S/O LATE SHANKAR LAL SHARMA, AGED
ABOUT 14 YEARS, VILLAGE JAITPUR KALA
POLICE STATION LAKHANWADA DISTRICT SEONI
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI R.P. MISHRA - ADVOCATE)
AND
1. KUNDAN SINGH S/O MAHENDRA SINGH RAJPUT,
AGED ABOUT 24 YEARS, GURUNANK PURA
TRANSPORT OF HARJEET SINGH ARORA
NAGPUR (MAHARASHTRA)
2. AMRIT PAL SINGH S/O SURENDRA SINGH
BHATIA, AGED ABOUT 40 YEARS, R/O CHAMBER
NALA SECOND GALI, NAGPUR (MAHARASHTRA)
2
3. THE NEW INSURANCE COMPANY LIMITED,
JAB ALPUR 290 C, NAPIER TOWN, JABALPUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. ANJALI BANERJEE - ADVOCATE FOR RES. NO.3. )
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
Heard.
2. This miscellaneous appeal has been preferred by the appellants/claimants for
further enhancement of Rs. 4,00,000/- of the amount awarded by 4th MACT,
Seoni in M.A.C.C. No. 205/2016 whereby MACT has awarded an amount of
Rs. 5,32,828/- along with interest @ 6 % per annum w.e.f. 12.02.2014 to the
appellants.
3. The facts necessary for disposal of the present appeal in brief are that on
19.01.2014 at about 5:30 pm, Shankar cleaner of the offending truck No. CJ-14-
D-1995 was going from Jabalpur to Nagpur with driver/respondent No.1. When
truck reached Madhai Ghati near Banjari Mandir, respondent No.1 driver of
offending truck driving, with rashly and negligently dashed to the tree. Due to
accident the deceased Shankar Lal has died on the spot.
4. Learned counsel for the appellants submits that income of deceased was
assumed by the learned tribunal at the rate of Rs. 4250/- per month while on the
date of accident, it ought to be Rs. 5,520/- per month as per the minimum wage
o f unskilled labour declared under the Labour Act as well as consortium to
every claimaints have not been given by the learned tribunal but it ought to be
granted in favour of the claimants. On these grounds, the award amount is to be
enhanced.
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
as Rs. 4250/- while it ought to be Rs.5520/- per month as per the minimum
wage of unskilled labour declared under the Labour Act. The learned tribunal
has given consortium only widow of the deceased applicant No.1. Therefore,
the difference of income as well as the consortium to every claimants, the
compensation may be enhanced by Rs.2,50,000/- 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 4th MACT,
Seoni an amount of Rs. 2,50,000/- is hereby enhanced. The other conditions
imposed by learned 4th MACT, Seoni 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
Digitally L.R.
signed by
LALIT SINGH RANA
Date: 2024.02.13
16:48:34 +05'30'
