Madhya Pradesh High Court
Ballu Sahu vs Mohanlal on 23 February, 2024
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 23 rd OF FEBRUARY, 2024
MISC. APPEAL No. 5096 of 2022
BETWEEN:-
1. BALLU SAHU S/O JHALLU SAHU, AGED ABOUT 40
YEAR S , OCCUPATION: WAGES R/O H.NO. 6/1,
MANJHOLI SADAK, DUGARIYA, DISTRICT
JABALPUR (MADHYA PRADESH)
2. ASHISH SAHU S/O THROUGH NATURAL GUADIAN
FATHER BALLU SAHU S/O JALLU SAHU, AGED
ABOUT 17 YEARS, R/O H.NO. 6/1, MANJHOLI
SADAK, DUGARIYA, DISTRICT JABALPUR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI VINIT KUMAR MISHRA - ADVOCATE)
AND
1. MOHANLAL S/O RAM KRAPAAL PATEL MDIWAN
R/O VILLAGE DUGARIYA, PANAGAR, DISTRICT
JABALPUR (MADHYA PRADESH)
2. SMT. ASHISH BAI KURMI W/O CHEDILAL KURMI
OCCUPATION: OWNER OF OFFENDING VEHICLE
TRACTOR BEARING REGISTRATION NO MP 20 AA
2737 R/O VILLAGE MANAKWARA, POST SINGOD,
TEHSIL AND DISTRICT JABALPUR (MADHYA
PRADESH)
3. NEW INDIA INSURANCE COMPANY LIMITED,
THROUGH MANAGER BRANCH OFFICE INFRONT
OF GUARDAN, NAPIER TOWN, DISTRICT
JABALPUR(ISURANCE COMPANY OF OFFENDING
VEHICLE TRACTOR BEARING REGISTRATION NO
MP 20 AA/2737) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI LALIT JOGLEKAR - ADVOCATE FOR RES. NO.3)
This appeal coming on for admission this day, th e court passed the
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following:
JUDGMENT
Heard.
2. This miscellaneous appeal has been preferred by the appellants/claimants for
further enhancement of Rs. 2,00,000/- of the amount awarded by learned 5th
Additional MACT, Jabalpur in M.A.C.C. No. 157/2019 whereby MACT has
awarded an amount of Rs. 9,10,900/- along with interest @ 6 % .
3. The facts necessary for disposal of the present appeal in brief are that on
09.12.2018 at about 4:00 pm, when deceased Sulochana @ Sahni was working
in the field of Moharn Patel with Seema Bai and Laxmi Bai, at that time
respondent No.1 was driving the vehicle bearing tractor No. No. MP-20-AA-
2737, with rashly and negligently and dashed to the deceased. Due to which,
deceased sustained grievous injuries. Thereafter, she has taken to the hospital
where she had died.
4. Learned counsel for the appellants submits that learned tribunal has
deducted 1/3 from the income of the deceased whereas it ought not to be
deducted. It is also submtted that amount of consortium which was allowed to
husband/appellant No.1 Rs. 44000/- and while in case of appellant No.2 it was
awarded only Rs. 40,000/-, it ought to be Rs. 44,000/-.
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, it is apparent that in case of
appellant No. 2 only Rs. 40,000/- has been awarded whereas similar to
appellant No.1 ought to be awarded Rs. 44,000/- in the head of loss of
consortium. Similiarly, having regard to the other facts and circumstances of the
case, compensation amount may be enhanced up to Rs.15,000/- in favour of
the claimants. 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 5th Additional
MACT, Jabalpur an amount of Rs. 15,000/- is hereby enhanced. The other
conditions imposed by learned 5th Additional MACT, Jabalpur 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
L.R.
