Madhya Pradesh High Court
Jogendra Singh Gurjar vs Lalan Kumar on 3 May, 2024
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 3 rd OF MAY, 2024
MISCELLANEOUS APPEAL No. 737 of 2016
BETWEEN:-
1. JOGENDRA SINGH GURJAR S/O SHRI DARSHAN
SINGH GURJAR, AGE 26 YEARS,
2. DARSHAN SINGH GURJAR S/O SHRI PANJAB
SINGH GURJAR, AGE 47 YEARS,
3. SMT. GEETA GURJAR W/O DARSHAN SINGH
GURJAR, ALL R/O VILLAGE RAYI, TEHSIL
GHATIGAON, DISTRICT GWALIOR (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI R.P. GUPTA - ADVOCATE)
AND
1. LALAN KUMAR S/O SHRI CHHATIS YADAV, R/O
DUBOUNI RAJPUR, P.S. AMARPUR, DISTRICT
BANKA, BIHAR (DRIVER OF TRUCK NO.H.R.-47-A-
5355)
2. M/S KANTREE LINE LOGISTICS THROUGH
PROPRIETOR NITIN MALHOTRA S/O SHRI R.N.
MALHOTRA, R/O 284, SECTOR 58, TRANSPORT
NAGAR, VALLABHGADH DISTRICT FARIDABAD,
(HARYANA) (OWNER OF TRUCK NO.H.R.-47-A-
5355)
3. ICICI LOMBARD GENERAL INSURANCE
COMPANY LTD. COMMERCE HOUSE, IIND FLOOR
201/212 BUILDING NO.7 RACE COURSE ROAD,
INDORE, (MADHYA PRADESH) THROUGH
DIVISIONAL MANAGAER
.....RESPONDENTS
(SHRI B.K.AGRAWAL - ADVOCATE FOR RESPONDENT NO.3)
Signature Not Verified
Th is appeal coming on for hearing this day, t h e court passed the
Signed by: AMAN TIWARI
Signing time: 5/6/2024
6:10:45 PM
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following:
ORDER
Heard.
2. This miscellaneous appeal has been preferred by the appellants/claimants
against the award dated 25.02.2016 passed by Second Member MACT,
Gwalior in Claim Case No209/2013 whereby MACT has awarded an amount of
Rs.6,84,000/- alongwith interest @ 7.5% per annum in favour of the appellant
No.1/claimant.
3. The necessary facts for disposal of this appeal are that on 16.09.2013 at 05
pm, Smt. Aarti Gurjar alongwith Dharmendra was going from village Ramua to
village Jadeed Rai Ghatigaon on motorcycle bearing registration number
MP07/MQ5508 as pillion rider. Near Panihar A.B. road, the respondent No.1-
driver of the truck bearing registration number HR47/A-5355, by driving the
said vehicle rashly and negligently came from the side of Gwalior i.e. from
behind and dashed the motorcycle. Due to which, both fell down from the
motorcycle. Deceased Aarti suffered serious injuries on head and various parts
of the body. Due to which, she died on the spot.
4. Learned counsel for the appellants submits that it is a case of death of a
housewife and learned Tribunal in Para 25 of the impugned award has assumed
the value of gratuitous service rendered by the deceased as Rs. 3,000/- per
month/ Rs. 36000/- annual; therefore, no deduction was made towards personal
and living expenses. Learned Tribunal has not awarded future prospects at the
rate of 40% and only Rs.35,000/- has been awarded towards conventional
heads, whereas it ought to be more than Rs.70,000/-. Hence, the amount of
award be enhanced accordingly. It is also submitted that respondent
No.3/Insurance Company has been exonerated by the Tribunal from paying the
compensation, while keeping in view the judgments passed in the cases of
National Insurance Co. Ltd. vs. Swaran Singh & Ors. (2004) 3 SCC 297
and Pappu and others vs. Vinod Kumar Lamba and another, 2018(1)
T.A.C. 360 (SC), the Insurance Company is liable to pay the compensation
first and then recover the same from the owner and driver of the offending
vehicle, hence, such order requested to be passed against respondent
No.3/Insurance company.
5. Per contra, learned counsel for respondent No.3/Insurance Company
submits that there is no ground for enhancement of the compensation amount.
He also opposed the prayer made on behalf of appellants for pay and recover.
6. Having heard learned counsel for the parties and after perusal of the
record, it is found that learned Tribunal rightly assessed the value towards loss
of gratuitous service rendered by deceased Aarti as Rs. 3,000/- per month and
accordingly calculated the amount of compensation. It is true that future
prospects has not been awarded in favour of claimants. On the conventional
heads, the awarded amount is on lower side. In the considered opinion of this
Court, Rs.50,000/- may be enhanced in total in addition to the amount already
awarded by the Claims Tribunal considering the facts and circumstances of the
case.
7. So far as the submission with regard to pay and recover is concerned,
regard being had to the law laid down in the cases of Swaran Singh (Supra)
and Pappu (Supra), in absence of valid and effective driving license with the
driver of offending vehicle, the Insurance Company is prima-facie liable for
payment of compensation to the third party claimant and thereafter, the
Insurance Company may recover it from the owner and driver of the offending
vehicle; therefore, it is in fitness to issue such direction in favour of claimant.
8. In the light of above discussion, this Miscellaneous Appeal is allowed
in part enhancing the compensation amount by Rs.50,000/- in addition to the
amount awarded by learned Second Member MACT, Gwalior. The interest
awarded at the rate of 7.5% is on the higher side, therefore, it is directed that the
enhanced amount shall carry interest at the rate of 6% per annum. Other terms
and condition of the impugned award including the interest part on the amount
awarded by the Tribunal shall remain intact.
9. It is also directed in the light of the dictum of Hon'ble Apex Court in
Swaran Singh (Supra) and Pappu (Supra), the amount of total
compensation shall be paid by the respondent No.3-Insurance Company to the
claimant and thereafter, the Insurance Company may be at liberty to recover it
from the respondents No.1 & 2.
10. Accordingly, Miscellaneous Appeal stands disposed of.
(RAJENDRA KUMAR VANI)
JUDGE
Aman
