Madhya Pradesh High Court
Smt.Radhabai vs Jagdish on 22 February, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 22 nd OF FEBRUARY, 2024
MISC. APPEAL No. 205 of 2015
BETWEEN:-
1. SMT.RADHABAI W/O LATE SURESH THAKUR,
AGED ABOUT 35 YEARS, 277, NIRANJANPUR NAI
BASTI INDORE (MADHYA PRADESH)
2. SUNIL S/O LATE SURESH THAKUR, AGED ABOUT
18 YEARS, OCCUPATION: STUDENT 277,
NIRJANPUR,NAI BASTI,INODRE (MADHYA
PRADESH)
3. GOLU S/O LATE SURESH THAKUR, AGED ABOUT
16 YEARS, OCCUPATION: STUDENT 277,
NIRJANPUR,NAI BASTI,INODRE (MADHYA
PRADESH)
.....APPELLANTS
(SHRI HIMANSHU PALIWAL, LEARNED COUNSEL FOR THE
APPELLANTS).
AND
1. JAGDISH S/O MADANLAL 172 SARVHARA NAGAR
INDORE (MADHYA PRADESH)
2. KAMAL S/O JAGNATH OCCUPATION: NIL NOT
MENITONED (MADHYA PRADESH)
3. GENERAL MANAGER THE ORIENTAL
INSURANCE CO. LTD., 7, RACE COURSE ROAD,
I.D.A.BUILDING 2ND FLOOR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AKSHANSH MEHRA APPEARED FOR RESPONDENT NO.3).
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 2/26/2024
6:10:46 PM
2
ORDER
This appeal by the claimants under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 31.10.2014 passed by IInd Member,
MACT, Indore in Claim Case No.187/2013 seeking enhancement of
compensation amount awarded by the Tribunal.
2. The date of accident, negligence and the issue of liability are not in dispute
and the findings recorded by the Tribunal in this regard are also not in
question. As per the findings of the Tribunal, for the death of Suresh Thakur,
the Tribunal has awarded a total compensation of Rs.4,98,000/- along with
interest. The breakup of the compensation amount is as under:
HEAD AMOUNT
Loss of dependency -Rs.4,48,000/-
(i.e. Rs.4000x12-1/3 personal expenses=32,000 x 14 (multiplier)
Loss of consortium -Rs.30,000/-
Funeral expenses -Rs.20,000/-
-------------------
TOTAL Rs.4,98,000/-
3. Learned counsel for the appellants submits that the Tribunal has committed
an error in not awarding just and proper amount of compensation in the case as
the amount awarded by the Tribunal is on the lower side. The Tribunal has
committed an error in not awarding compensation under the head of loss of
future prospects in the light of the judgment of the Apex Court in the case of
National Insurance Company Ltd. vs. Pranay Sethi and others - reported
in 2017 ACJ 2700. Under the head of consortium, the Tribunal has awarded
only Rs.30,000/- but no parental consortium has been awarded to the children
of the deceased. Hence, prays for awarding just and proper amount of
compensation in the case.
4. On the other hand, learned counsel for the Insurance Company has argued
in support of the impugned award and contended that the Claims Tribunal has
rightly awarded the compensation amount in the case which does not call for
any interference by this Court.
5. Heard learned counsel for the parties and perused the record.
6. After hearing learned counsel for the parties and going through the
record, I find substance in the arguments advanced by the counsel for the
appellants. As per the findings of the Tribunal, the deceased was aged 45 years
at the time of accident and was hale and hearty. Therefore, keeping in view the
verdict of the Apex Court in the case of Pranay Sethi (supra), the claimants
are entitled for 25% income of the deceased as loss of future prospects. Apart
from that, the Tribunal has awarded only Rs.30,000/- towards consortium,
however, as per the findings of the Tribunal besides wife of the deceased, his
two children were also dependent on the deceased. Therefore, keeping in view
the judgment of the Apex Court in the case of Magma General Insurance
Company Ltd. vs. Nanu Ram @ Chuhru Ram and others reported in
(2018) 18 SCC 130, the claimants are entitled for spousal as well as parental
consortium.
7. In view of the above, in the considered opinion of this Court, the
compensation awarded by the Tribunal is on the lower side which deserves to
be enhanced/modified as under:
HEAD AMOUNT
Loss of dependency -Rs.5,60,000/-
(i.e. Rs.4000x12=48000 25% FP=60000 - 1/3 personal
expenses=40000 x 14 (multiplier)
Consortium -Rs.1,32,000/- (Rs.44000x3)
Funeral expenses -Rs.16,500/-
Loss of estate -Rs.16,500/-
--------------------
TOTAL Rs.7,25,000/-
6. Thus, the just and proper amount of compensation in the instant case is
Rs.7,25,000/- as against the award of the Tribunal of Rs.4,98,000/-.
Accordingly, the appellant is entitled to an additional sum of Rs.2,27,000/- over
and above the amount which has been awarded by the Tribunal.
7. In the result, the appeal is partly allowed by enhancing the compensation
amount by a sum of Rs.2,27,000/-. The enhanced amount shall bear interest at
the same rate as awarded by the Tribunal. The other findings recorded by the
Tribunal shall remain intact.
(HIRDESH)
JUDGE
hk/
