Madhya Pradesh High Court
Smt. Girija Rawat vs Santosh Kumar Pal on 14 May, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 14 th OF MAY, 2024
MISC. APPEAL No. 5755 of 2019
BETWEEN:-
1. SMT. GIRIJA RAWAT W/O LATE SHRI
HARIKISHAN RAWAT, AGED ABOUT 48 YEARS,
2. NARENDRA SINGH S/O LATE SHRI HARIKISHAN
RAWAT, AGED ABOUT 21 YEARS,
3. AKHILESH RAWAT S/O LATE SHRI KARIKISHAN
RAWAT, AGED ABOUT 21 YEARS,
ALL R/O VILLAGE TAKA KHURD PS AND TEHSIL
CHHOTI BADAUNI, DISTRICT DATIA (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI R.P.GUPTA - ADVOCATE)
AND
1. SANTOSH KUMAR PAL S/O SHRI NARAYAN DAS
PAL, R/O CHUNAGAR FATAK BAHAR DATIA AT
PRE. VILL. DABARI PRAMARI P.S CHHOTI
BADAUNI, DISTRICT DATIA (MADHYA PRADESH)
(DRIVER)
2. RAJESH PAL S/O SHRI KAILASH PAL R/O
CHUNAGAR FATAK BAHAR, DATIA (MADHYA
PRADESH)(OWNER)
3. MUKESH KUMAR SAHU S/O SHRI HARIRAM
SAHU, R/O CHUNAGAR FATAK BAHAR, DATIA
(MADHYA PRADESH) (OWENR OF AUTO NO.
MP32R1087)
4. THE NATIONAL INSURANCE COMPANY LTD.
CENTER JAYENDRAGANJ LASHKAR GWALIOR
THROUGH DIVISIONAL MANAGER (MADHYA
PRADESH)
.....RESPONDENTS
2
(RESPONDENT NO. 4 BY SHRI NARESH SINGH TOMAR - ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Assailing the award dated 20/8/2019 passed by the 9th Additional Motor
Accident Claims Tribunal, Gwalior in Claim Case No.1403/2017 on the point of
inadequacy of the compensation, the appellants have preferred this appeal
under Section 173 of the Motor Vehicles Act, 1988.
2. The appellants had filed the claim petition under Section 166 read with
Section 140 of the Motor Vehicles Act, 1988 seeking compensation to the tune
of Rs.55,80,000/- on account of death of deceased Harikishan Rawat in an
accident took place on 22/5/2017. It was pleaded by the claimants i.e. widow
and children that the sole bread earner of the family has died in the accident
having his earning from the job of driving of offending vehicle, however the
compensation as prayed in the claim petition may be awarded.
3. The reply to the claim petition was filed and after recording the evidence,
the Tribunal has awarded the total sum of Rs.7,09,200/-, out of which in loss
of dependency Rs.6,29,200/- accepting the earning of the deceased Rs. 5,500/-
per month, awarding 10% towards future prospects, applying the multiplier of
13 and after deducting 1/3 towards personal expenses. The Tribunal has also
awarded some amount in conventional heads i.e. funeral Rs.15,000/-, in
consortium Rs.40,000/-, and in loss of estate Rs.15,000/- and Rs. 10,000/-
towards medical expenses, by the impugned award.
4. As the incident occurred, negligence of driver of driving the offending
vehicle, the issue of liability jointly and severally to pay compensation by
respondents No. 2 and 3 have been decided recording the findings in favour of
the appellants by the Tribunal and Insurance Company was directed to make
the payment of compensation amount first to claimants with liberty to recovery
the same from respondents No. 2 and 3 and none of those findings have been
assailed at the instance of the respondents i.e. owner, driver or insurance
company by filing the cross-appeal or the cross-objection, however it is not
necessary to narrate the entire facts in detail to burden the judgment on the said
issues. It is only the inadequacy of the compensation which has been assailed,
however the arguments in detail have been considered in succeeding
paragraphs.
5. Shri Gupta, learned counsel representing the appellants contends that due
to the said accident Harikishan Rawat has died, who was the sole bread earner
of the family. The compensation awarded by the Tribunal is inadequate,
because the earning has not been duly assessed, while determining the loss of
dependency. The the assessment of future prospect @ 10% is also not lower
side and same should be at least 25%. The amount awarded under the head
medical expenses is also on lower side lookig to the period of treatment. In
conventional heads i.e. funeral, consortium, love and affection, loss of estate
the amount as awarded is on lower side and deserves enhancement. In view of
the foregoing submissions, the enhancement of the compensation so awarded
by the Tribunal has been prayed for.
6. On the other hand Shri Tomar, learned counsel representing the respondent
/Insurance Company contends in support of the findings of the Claims Tribunal
and submitted that the compensation as awarded by the impugned award
appears to be just and reasonable, however, interference by this Court for
enhancement of the compensation is not warranted.
7. After having heard learned counsel appearing for the parties and on perusal
of the pleadings and the evidence so adduced, it appears that the determination
of the earning has not duly been done. Thus after hearing and on due
deliberations and also on consideration of the totality of the facts and
circumstances, in the opinion of this Court, the amount of compensation as
awarded by the Claims Tribunal is liable to be enhanced by Rs.1,00,000/- in
lump sum thereby making the total compensation Rs.8,09,200/- which shall be
payable along with the interest from the date of filing of the claim petition.
8. In view of the forgoing discussions, the appeal succeeds and is hereby
allowed in part. The appellants are held entitled to receive the enhanced
amount of Rs. 1,00,000/- in addition to the amount of compensation already
awarded by the Claims Tribunal. The enhanced amount shall carry interest as
per impugned award from the date of filing of claim petition till its realization.
Rest of the conditions including the liability, as imposed by the Claims Tribunal
shall remain intact. In the facts of the case, parties are directed to bear their
own costs.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
JPS/-
JAI Digitally signed by JAI PRAKASH SOLANKI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
PRAKASH
OF MADHYA PRADESH BENCH GWALIOR,
2.5.4.20=287738d30aabaeda9b10cecdf179cec8
65c7633f4cfb9e38ce14fcbb05b9522a,
postalCode=474001, st=Madhya Pradesh,
serialNumber=8D6BC1C9FCE36623D0BD6B807
SOLANKI
2A2D8C01433EBD48AE4F609F108CA8F8DE6B5
22, cn=JAI PRAKASH SOLANKI
Date: 2024.05.16 11:22:11 +05'30'
