Madhya Pradesh High Court
Fattu vs Rajesh on 23 February, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 23 rd OF FEBRUARY, 2024
MISC. APPEAL No. 1669 of 2018
BETWEEN:-
1. FATTU S/O PIDIYA BHIL, AGED ABOUT 50 YEARS,
GRAM JIRI TEH. PETLAWAD DISTRICT JHABUA
(MADHYA PRADESH)
2. SMT. JETA W/O FATTU BHIL GRAM JHIRI TEH.
PETLAWAD DIST. JHABUA (MADHYA PRADESH)
.....APPELLANTS
(SHRI MANISH JAIN, LEARNED COUNSEL FOR THE APPELLANTS).
AND
1. RAJESH S/O MANOHARLAL JAISWAL, AGED
ABOUT 22 YEARS, OCCUPATION: TRUCK DRIVER
LUNHERA THANA SAGORE TEH. AND DIST. DHAR
(MADHYA PRADESH)
2. PRAHLADSINGH S/O R.S. CHOUHAN 2635 E,
SECTOR SUDAMA NAGAR INDORE (MADHYA
PRADESH)
3. NATIONAL INSURANCE COMPANY LTD. BRANCH
OFFICE INDORE AHMADABAD MARG, DHAR
(MADHYA PRADESH)
4. SURESH S/O MAHENDRASINGH SOLANKI, AGED
ABOUT 24 YEARS, GRAM JHIRI THANA KALIDEVI
DIST. JHABUA (MADHYA PRADESH)
5. BHUPENDRA S/O PUNAJI PAL GRAM JHIRI
THANA KALIDEVI DIST. JHABUA (MADHYA
PRADESH)
6. NATIONAL INSURANCE COMPANY LTD. BRANCH
OFFICE NEAR MAIN POST OFFICE DISTRICT
DHAR (MADHYA PRADESH)
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 2/26/2024
6:10:46 PM
2
.....RESPONDENTS
(SHRI NILESH MANORE, LEARNED COUNSEL FOR THE RESPONDENT
[R-2].
SHRI ANIL KUMAR GOYAL, LEARNED COUNSEL FOR THE
RESPONDENTS NO.3 & 6)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
This appeal by the claimant under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 27.10.2017 passed by Additional Member,
MACT, Dhar in Claim Case No.1000099/2015 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 Neeru, the
Tribunal has awarded a total compensation of Rs.2,95,000/- along with interest.
The breakup of the compensation amount is as under:
HEAD AMOUNT
Loss of dependency -Rs.1,65,000/-
(i.e. Rs.2500x12=30000 - 1/2 personal expenses=15000x11
(multiplier))
Love & affection -Rs.1,00,000/-
Funeral expenses -Rs.25,000/-
Loss of estate -Rs.5,000/-
--------------------
TOTAL Rs.2,95,000/-
3. Learned counsel for the appellant 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
illegally assessed the income of the deceased at Rs.2,500/- per month only.
Even if there was no proof as regard the actual income of the deceased, the
same ought to have been assessed on the basis of the relevant circular regarding
minimum wages for an unskilled labour. The loss of future prospects has not
been taken into consideration while calculating the compensation in the light of
the verdict of the Apex Court in the case of National Insurance Company vs
Pranay Sethi reported in 2017 ACJ 2700. The Tribunal has committed an
error in applying the multiplier of 11 in the case considering the age of the father
of the deceased instead it ought to have been 18 considering the age of the
deceased at the time of accident. Hence, prays for awarding just and proper
amount of compensation in the case.
4. On the other hand, learned counsel for the Insurance Company 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 appellant. The
Tribunal has assessed the income of the deceased as Rs.2500/- per month only
for the reason that no document has been produced by the appellant with regard
to the income of the deceased. The accident was occurred in the year 2012,
therefore, considering the minimum wages for an unskilled labour for the
relevant period as per the circular issued by the Labour Department, Govt. of
M.P, the income of the deceased ought to have been taken as Rs.4770/- per
month. Apart from that, it is found that no compensation has been awarded by
the Tribunal under the head of loss of future prospects keeping in view the
verdict of the Apex Court in the case of Pranay Sethi (supra). At the time of
accident, the deceased was aged about 20 years, therefore, considering the
judgment of Apex Court in the case of Pranay Sethi (supra), the loss of future
prospects ought to have been assessed at 40%. So far as multiplier is
concerned, it ought to have been 18 in the case considering the age of the
deceased at the time of accident instead of 11 as applied by the Tribunal.
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 as under:
HEAD AMOUNT
Loss of dependency -Rs.7,21,224/-
(i.e. Rs.4770+40% FP=6678x12=80136 - 1/2 personal
expenses=40068 x 18 (multiplier))
Loss of consortium (filial) -Rs.80,000/-
Funeral expenses -Rs.15,000/-
Loss of estate -Rs.15,000/-
-------------------
TOTAL Rs.8,31,224/-
8. Thus, the just and proper amount of compensation in the instant case is
Rs.8,31,224/- as against the award of the Tribunal of Rs.2,95,000/-.
Accordingly, the appellants are entitled to an additional sum of Rs.5,36,224/--
over and above the amount which has been awarded by the Tribunal.
9. In the result, the appeal is partly allowed by enhancing the compensation
amount by a sum of Rs.5,36,224/-. 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.
10. The appellants have valued the appeal only to the extent of Rs.4 lakhs and
paid the Court fee accordingly, however, for the remaining amount, the Court
fee shall be paid by the appellants within a period of one month and thereafter
the amount shall be released by the Insurance Company on receiving the
certificate. In case the certificate has not been filed before the Insurance
Company up to a period of three months, the claimant shall not be entitled to
receive the interest on the enhanced amount of compensation.
11. In the result, the appeal is allowed in part and to the extent indicated
herein above.
(HIRDESH)
JUDGE
hk/
