Smt. Sumitra Bai vs Prakash Chand
2024 Latest Caselaw 16037 MP

Madhya Pradesh High Court

Smt. Sumitra Bai vs Prakash Chand on 29 May, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                       1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                 BEFORE
                                HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                             ON THE 29 th OF MAY, 2024
                                           MISC. APPEAL No. 7067 of 2023

                         BETWEEN:-
                         1.    SMT. SUMITRA BAI W/O LATE SHRI GOBARDHAN,
                               AGED ABOUT 58 YEARS, R/O GRAM PURA
                               CHHINDWARA POST MUGALIYA HAAT DISTRICT
                               BHOPAL (MADHYA PRADESH)

                         2.    RANJEET SINGH S/O LATE SHRI GOBARDHAN,
                               AGED ABOUT 19 YEARS, R/O GRAM PURA
                               CHHINDWARA POST MUGALIYA HAAT DISTRICT
                               BHOPAL (MADHYA PRADESH)

                         3.    VISHAL VISHWAKARMA W/O SHRI RAM
                               VISHWAKARMA, AGED ABOUT 12 YEARS,
                               OCCUPATION:    MINOR   THROUGH    LEGAL
                               GUARDIAN MOTHER SMT. SUMITRA BAI R/O
                               GRAM PURA CHHINDWARA POST MUGALIYA
                               HAAT DISTRICT BHOPAL (MADHYA PRADESH)

                         4.    NEELAM VISHWAKARMA W/O SHRI RAM
                               VISHWAKARMA, AGED ABOUT 26 YEARS, R/O
                               GRAM PURA CHHINDWARA POST MUGALIYA
                               HAAT DISTRICT BHOPAL (MADHYA PRADESH)

                         5.    SAPNA VISHWAKARMA W/O SHRI SURENDRA
                               VISHWAKARMA, AGED ABOUT 25 YEARS, R/O
                               GRAM PURA CHHINDWARA POST MUGALIYA
                               HAAT DISTRICT BHOPAL (MADHYA PRADESH)

                                                                           .....APPELLANTS
                         (BY SHRI R.P. MISHRA - ADVOCATE )

                         AND
                         1.    PRAKASH CHAND S/O SHRI GANGARAM R/O
                               PLOT NO 01 SHANTI NAGRKAROND BAIRASIYA
                               ROAD DISTRICT BHOPAL (MADHYA PRADESH)

                         2.    THE NEW INDIA INSURANCE CO.LTD. THROUGH
                               DIVISIONAL MANAGER OFFICE NO. 1 PARYAWAS
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 6/1/2024
10:24:44 AM
                                                     2
                                 BHAWAN HILLS DISTRICT           BHOPAL     462027
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (NONE )

                                 This appeal coming on for admission this day, th e court passed the
                         following:
                                                             ORDER

With the consent of learned counsel for the appellants, matter is heard finally at motion stage.

2. This appeal has been filed by the appellants under Section 173 (1) of the Motor Vehicles Act, 1988 against the award dated 30.06.2023 passed in MACC

No.1227 of 2022 by 23rd Additional Member M.A.C.T, Bhopal District- Bhopal for seeking enhancement of compensation.

3. Learned counsel for the appellants submits that in the instant case, accident occurred on 17.10.2021. Therefore, in view of law laid down in National Insurance Company Limited vs. Pranay Sethi and Others, AIR 2017 SC 5157, Tribunal has erred in granting Rs.40,000/- for consortium and Rs.15,000/- each for loss of estate and funeral expenses. In view of Pranay Sethi (Supra) Tribunal should have granted Rs.44,000/- for consortium and Rs.16,500/- each for loss of Estate and funeral expenses. On above grounds, it is urged that compensation awarded by the Tribunal be suitably enhanced.

4. I have heard learned counsel for the appellant and perused record of the case.

5. In the instant case, accident has occurred on 17.10.2021 and judgment in Pranay Sethi (Supra) has been passed on 31.10.2017. Therefore, in view of law laid down in Pranay Sethi (Supra), 10% is to be increased every three years for amount to be granted under conventional heads. Hence, each appellant is

entitled to receive Rs.44,000/- for consortium and appellants are also entitled to receive Rs.16,500/- for loss of Estate and funeral expenses.

6. Thus, compensation awarded by the Tribunal is enhanced by Rs.23,000/- over and above awarded by the Tribunal.

7. Enhanced amount shall carry interest at the rate awarded by the Tribunal. Other findings of Tribunal shall remain intact.

8. Appeal filed by the appellants is partly allowed and disposed of accordingly.

(ACHAL KUMAR PALIWAL) JUDGE vai