Madhya Pradesh High Court
Ramkalesh Kushwaha vs Sanjeev Kumar Dwivedi on 16 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 16 th OF FEBRUARY, 2024
MISC. APPEAL No. 3850 of 2019
BETWEEN:-
1. RAMKALESH KUSHWAHA S/O SHRI RAKSHOHAN
KUSHWAHA, AGED ABOUT 42 YEARS,
OCCUPATION: LABOUR R/O VILLAGE
NAUGAWNA, TEH. AMARPATAN, DISTT. SATNA
(MADHYA PRADESH)
2. SMT SAROJ DEVI KUSHWAHA W/O RAMKALESH
KUSHWAHA, AGED ABOUT 40 YEARS,
OCCUPATION: HOUSEWIFE VILL. NAUGAWNA,
TEH. AMARPATAN, (MADHYA PRADESH)
3. NARENDRA KUSHWAHA S/O RAMKALESH
KUSHWAHA, AGED ABOUT 15 YEARS,
OCCUPATION: STUDY VILLAGE- NAUGAWAN,
POST- KUMHARI, P.S.-AMARPATAN (MADHYA
PRADESH)
4. MAHENDRA KUSHWAHA S/O RAMKALESH
KUSHWAHA, AGED ABOUT 11 YEARS,
OCCUPATION: STUDY VILLAGE- NAUGAWAN,
POST- KUMHARI, P.S.-AMARPATAN (MADHYA
PRADESH)
5. SURENDRA KUSHWAHA S/O RAMKALESH
KUSHWAHA, AGED ABOUT 9 YEARS,
OCCUPATION: STUDY VILLAGE- NAUGAWAN,
POST- KUMHARI, P.S.-AMARPATAN (MADHYA
PRADESH)
.....APPELLANTS
(BY MS. RANNO RAJAK - ADVOCATE )
AND
1. SANJEEV KUMAR DWIVEDI S/O SHRI
CHANDRASHEKHAR DWIVEDI, AGED ABOUT 29
YEARS, OCCUPATION: OWNER AND DRIVER OF
VEHICLE NO. MP19R/2657 R/O VILLAGE ODHKI
TOLA TYONDHARI TEH. RAMPUR BAGHELA,
Signature Not Verified
Signed by: LALIT SINGH
RANA
Signing time: 2/17/2024
5:40:07 PM
2
DISTT. SATNA (M.P.) (MADHYA PRADESH)
2. DIVISIONAL MANAGER NATIONAL INS. COM.
LTD . THROUGH DIVISIONAL OFFICE NEAR BUS
STAND REWA ROAD, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD KUMAR THAKRE - ADVOCATE FOR RES. NO.1 AND
SHRI R.K. JAIN - ADVOCATE FOR RES. 2)
This appeal coming on for admission this day, th e court passed the
following:
JUDGMENT
Heard on I.A. No. 8670/2019 an application under Section 5 of
Limitation Act which is supported by an affidavit of Ramkalesh Kushwaha.
2. Considering the reasons assigned in the application, I.A. No. 8670/2019 is
allowed and delay of 186 days in filing the appeal is hereby condoned.
3. This miscellaneous appeal has been preferred by the appellants/claimants for
further enhancement of Rs. 1,00,000/- of the amount awarded by MACT,
Satna in M.A.C.C. No. 3400547/2016 whereby MACT has awarded an amount
of Rs.3,32,400/- along with interest @ 7 % per annum w.e.f. 14.09.2016 to the
appellants.
4. The facts necessary for disposal of the present appeal in brief are that on
10.05.2016, when deceased Ashish Kushwaha was coming to his house from
getting off the bus, then driver of the Auto NO. MP-19-R-2657 driving with
rashly and negligently and dashed to the deceased. Due to which, deceased has
died during the course of treatment.
5. Learned counsel for the appellants submits that the deceased Ashish
Kushwaha was died in accident dated 10.05.2016 and at the time of accident he
was 15-16 years of age which is proved by the learned triubnal in para 19 of the
impugned award. The learned tribunal has awarded only Rs. 3,32,400/-. It is
further submitted by learned counsel for the appellants that as per the judgment
of Hon'ble Supreme Court in the case of Meena Devi Vs. Nunu Chand Mehto,
(2023) 1 SCC 204, has awarded a sum of Rs. 5,00,000/- in case of death of a
12 years old child, therefore, on the same ground the awarded amount is to be
enhanced.
6. Per contra, Per contra, learned counsel for the respondents submits that
proper compensation has been awarded on various heads.
7. Having heard learned counsel for the parties and after perusal of the award
and especially law laid down by Hon'ble Supreme Court in the case Meena
Devi (Supra), it is found that at the time of accident, the deceased was of 15-16
years of age and appeal is filed for enhancement of Rs. 1,00,000/-, in the
considered opinion of this Court, the compensation amount may be enhanced
up to Rs. 1,00,000/- in favour of the claimants. The calculation for the purpose
is not disputed by the learned counsel for the parties.
8. Accordingly, in addition to the amount awarded by learned MACT, Satna
an amount of Rs. 1,00,000/- is hereby enhanced. The other conditions imposed
by learned MACT, Satna shall remain intact.
9. With the aforesaid observation, this miscellaneous appeal is disposed off.
10. Interim application(s), if any, shall stand disposed off.
(RAJENDRA KUMAR VANI)
JUDGE
L.R.
