Madhya Pradesh High Court
Shriram Gen. Ins. Co. Ltd. vs Mus. Ramkali Tiwari on 6 May, 2024
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 06th OF MAY, 2024
MISC. APPEAL No. 3149 of 2018
BETWEEN:-
1. SHRIRAM GEN. INS. CO. LTD. E-8, EPIP,
SITAPURA, INDUSTRIAL AREA JAIPUR
RAJASTHAN
VS.
.....APPELLANTS
(BY SHRI T.S. LAMBA - ADVOCATE )
AND
1. MUS. RAMKALI TIWARI W/O LATE
CHANDRAMANI TIWARI AGED ABOUT
55 YEARS
2. KU. KALA TIWARI D/O LATE CHANDRAMANI
TIWARI AGED ABOUT 25 YEARS
3. SUBHANSH TIWARI S/O SUJEET KUMAR TIWARI
AGED ABOUT 8 YEARS MINOR THROUGH
MATERNAL GRANDMOTHER RAMKALI TIWARI
W/O LATE CHANDRAMANI TIWARI
(RESPONDENT NOS. 1 TO 3 ARE RESIDENT OF WARD
NO.1 COLLEGE COLONY DHANPURI POST - BUDHAR
P.S. AND TAHSIL - BUDHAR DISTT. SHAHDOL (M.P.)
4. AKHTAR KHAN S/O KHALIK KHAN AGED ABOUT
45 YEARS R/O LAPRI P.S. JAISINGHNAGAR DISTT.
SHAHDOL M.P.
5. ABDUL MASOOD KHAN S/O ABDUL AHAD KHAN
R/O PALI ROAD SOHAGPUR DISTT. SHAHDOL M.P.
.......RESPONDENTS
(SHRI R.P. MISHRA - ADVOCATE FOR THE RESPONDENT NOS. 1 TO 3. SHRI
SHASHI KANT BAJAJ - ADVOCATE FOR THE RESPONDENT NO. 5.)
----------------------------------------------------------------------------------------------
Reserved on : 19.02.2024
Pronounced on : 06.05.2024
----------------------------------------------------------------------------------------------------
This appeal having been heard and reserved for order, coming on for
pronouncement this day, this court passed the following:
ORDER
1. This appeal has been filed by the insurance company against the award
dated 28.03.2018 passed in MACC No.44/2014 by the learned Ist Additional
Motor Accident Claims Tribunal, Link Court Budhar Distt. Shahdol in case of
Musammat Ramkali and ors. vs. Akhtar Khan and ors. By the award dated
28.03.2018, the learned Tribunal has awarded a compensation of Rs. 6,34,928/-
to be paid to Ramkali Tiwari by non-applicant Nos. 1 to 3.
2. This appeal has been filed by the insurance company on the ground that
compensation is on higher side as the income of the retired person who was
drawing a pension has been wrongly taken at Rs.9,687/-. In fact, pension is not
an income as held in the case of National Insurance Company Limited vs.
Birender and ors. (2020) 11 SCC 356, Para 21, therefore, this appeal is for
reduction of compensation.
3. The learned counsel for claimant Nos. 1 to 3 submitted that total
compensation is on lower side. It should be enhanced by Rs.1,50,000/- and rate
of interest should be 8 percent.
4. First to take the ground raised in cross appeal by the claimants is whether
compensation can be enhanced. It is seen that this argument is based on Ex. P-25
to 26 to demonstrate that the deceased was carrying on cattle selling business,
but Ex. P-25 and 26 have not been proved by calling the person who was the
other party to the transaction. Even otherwise, there is no income tax return on
record, therefore, prayer to increase the award and payment of 8 percent interest
in the current scenario as per banking interest is rejected.
5. Regarding reduction, it is seen that pension of the deceased was
Rs.9,687/- and on the basis of the judgment of the National Insurance Company
(supra), pension is not an income, therefore, on the date of accident
i.e.16.05.2014, the minimum wage has to be taken into calculation which is
Rs.5,895/-. Therefore, the dependency of the family per month would be Rs.
5,895 x 2/3 = Rs.3,930/-. The total dependency, looking to the age of the
deceased pensioner would be Rs. 3,930 x 12 x 7 = Rs. 3,30,120/-. On adding
Rs.15,000/- for funeral expense and Rs.15,000/- for loss of estate and
Rs.40,000/- for loss of consortium and loss of love to the child the amount
becomes to Rs.80,000/-. The amount would become to Rs.4,80,120/-.
Therefore, the total reduction would be Rs.1,54,808/- (Rs.6,34,928 - Rs.
4,80,120/-).
6. Accordingly, with the aforesaid reduction in the amount of compensation,
appeal of the insurance company is partly allowed. However, the other
conditions of the impugned award passed by the Tribunal shall remain intact.
(AVANINDRA KUMAR SINGH)
JUDGE
vkv /-
VINAY
KUMAR
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st=Madhya Pradesh,
serialNumber=24244EEED4BE5112B2
VERMA
864A7944D29B2B81856B49A70689CB
14D4EBD1688FF149, cn=VINAY
KUMAR VERMA
Date: 2024.05.08 19:58:55 +05'30'
