Madhya Pradesh High Court
Reliance General Ins. Co.Ltd. vs Punnapan on 18 June, 2024
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 MA-3394-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 18 th OF JUNE, 2024
MISC. APPEAL No. 3394 of 2010
BETWEEN:-
RELIANCE GENERAL INS. CO.LTD. BRANCH AT
MANSAROVAR COMPLEX IN FRONT OF HABIBGANJ
RAILWAY STATION BHOPAL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI T.S. LAMBA- ADVOCATE)
AND
1. PUNNAPAN S/O SHANKU, AGED ABOUT 50 YEARS,
HOUSE NO L.Y. 16/06 INDUS TOWN
HOSHANGABAD ROAD BHOPAL (MADHYA
PRADESH)
2. SMT.SHOBHA W/O PUNNAPAN, AGED ABOUT 48
Y E A R S , H.NO.L.Y.16/06, INDUS TOWN,
HOSHANGABAD ROAD, DISTT.BHOPAL (MADHYA
PRADESH)
3. KU.AKSHAYA D/O PUNNAPAN OCCUPATION:
THRO. HER FATHER PUNNAPAN H.NO.L.Y.16/06,
INDUS TOWN, HOSHANGABAD ROAD,
DISTT.BHOPAL (MADHYA PRADESH)
4. SANJAY SHARMA S/O CHANDRABHAN
H.NO.D.A.441 PALWAL, HARIYANA
5. PRABHUDAYAL S/O SUKHLAL D.S.441, PALWAL,
HARIYANA
.....RESPONDENTS
(RESPONDENTS NO.1 TO 3 BY SHRI ANIL CHOUKSEY - ADVOCATE)
MISC. APPEAL No. 3569 of 2010
BETWEEN:-
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 19-06-2024
18:22:04
2 MA-3394-2010
1. PUNNAPAN S/O SHANKU, AGED ABOUT 50 YEARS,
H.NO. L.Y 16/6, INDUS TOWN, HOSHANGABAD
ROAD, BHOPAL (MADHYA PRADESH)
2. SMT.SBODHA W/O PUNAPAN, AGED ABOUT 48
Y E A R S , H.NO.L.Y.16/6, IDUS TOWN,
HOSHANGABAD ROAD, DISTT.BHOPAL (MADHYA
PRADESH)
3. KU.AKSHYA D/O PUNNAPAN, AGED ABOUT 7
YEAR S , OCCUPATION: MINOR THRO. FATHER
PUNNA H.NO.L.Y.16/06, INDUS TOWN,
HOSHANGABAD ROAD, DISTT.BHOPAL (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI ANISH CHOUKSEY - ADVOCATE)
AND
1. SANJAY SHARMA S/O CHANDRABHAN SHARMA
H.NO. D.A.441, PALWAL HARIYANA (MADHYA
PRADESH)
2. PRABHUDAYAL S/O SUKHLAL D.S.441, PALWAL,
HARIYANA (MADHYA PRADESH)
3. BRANCH MANAGER RELIANCE GENERAL
INSURANCE COMPANY LIMITED HABIBGANJ
STATION IN FRONT OF MANSAROVAR COMPLEX,
DISTT.BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENTS NO.1 & 2 BY NONE)
(RESPONDENT NO.3 BY SHRI PANKAJ TIWARI - ADVOCATE)
Reserved on : 05.03.2024
Pronounced on: 18.6.2024
-----------------------------------------------------------------------
These appeals having been heard and reserved for judgment, coming
on for pronouncement this day, JUSTICE AVANINDRA KUMAR SINGH
passed the following:
ORDER
M.A.No.3394/2010 has been filed by the Reliance General Insurance
3 MA-3394-2010
Co.Ltd. (for short "Insurance Company") for reducing the amount of
compensation awarded by Second Additional Member to the Court of 10th
Additional Motor Accidents Claims Tribunal (Fast Track), Bhopal (hereinafter
referred to as the "Tribunal") in MCC No.2063/2009 [Punnapan Vs. Sanjay
Sharma and others] by award dated 30.4.2010. The claimants filed
M.A.No.3569/2010 seeking enhancement of amount of compensation.
2 . The Tribunal vide impugned award granted compensation of
Rs.8,91,000/- to the claimants on account of death of Shobin who was aged
about 26 years at the time of motor accident dated 08.8.2009.
3 . Learned counsel for the Insurance Company submitted that
Tribunal has erred in assessing the income of the deceased at Rs.72,000/- per
month although it held that it is not proved that he was Dance Teacher in private
school. It is further held that one-third deduction has been made towards
personal living expenses of deceased whereas the same should have been 50%
(half) as he was bachelor.
4 . On the other hand, learned counsel for the claimants while
supporting the contents made in his appeal filed for enhancement has contended
that Tribunal has granted less compensation without properly appreciating the
facts and circumstances and accordingly, prayed for enhancement to the tune
of Rs.65,50,000/-.
5. Heard learned counsel for the rival parties and perused the record
o f the Tribunal. Looking to the factual situation that the deceased was of 26
years and his other income as a Dance Teacher is not believed and proved
before the Tribunal due to the fact that no proper certificate was filed, and
taking into consideration the income of deceased as per minimum wages on the
date of accident at Rs.6,000/- per month the correct calculation of
4 MA-3394-2010
compensation would be as follows:-
(i) Monthly income - Rs.6,000/-
(ii) Annual income (Rs.6000 X 12) - Rs.72,000/-
(iii) On adding 40% towards future prospects- Rs.1,00,800/-
(Rs.72,000/- Rs.28,800/-)
(iv) 50% deduction towards personal living - Rs.50,400/-
(vi) Family dependency(Rs.50,400 X 18) - Rs.9,07,200/-
(vii) Towards love and affection - Rs.88,000/-
(Rs.44,000 X 2)
(viii) Funeral expenses - - Rs.15000/-
(ix) Loss of estate - Rs.15,000/-
Total compensation- Rs.10,25,200/-
6 . Thus, the claimants would be entitled to Rs.10,25,200/- as
compensation. The Tribunal has awarded compensation of Rs.8,91,000/-. The
enhancement in amount of compensation comes to Rs.1,34,200/-
(Rs.10,25,200/- less Rs.8,91,000/-). The other terms and conditions of the
impugned award shall remain intact.
7. In the result, the appeal filed by the claimants is partly allowed and
the appeal filed by Insurance Company stands rejected. Both the appeals are
disposed of accordingly.
(AVANINDRA KUMAR SINGH)
JUDGE
RM
5 MA-3394-2010
