Madhya Pradesh High Court
Smt. Reshambai vs Mohd. Hanif on 30 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 30 th OF MAY, 2024
MISC. APPEAL No. 5027 of 2019
BETWEEN:-
1. SMT. RESHAMBAI W/O SHOBHARAM BAMNIYA,
AGED ABOUT 28 YEARS, OCCUPATION: HOUSE
HOLD GRAM TALENPUR PS KUKSHI TEH.
KUKSHI, DISTRICT DHAR (MADHYA PRADESH)
2. VIVEK MINOR THR NATURAL GUARDIAN AND
MOTHER SMT. RESHAMBAI W/O SHOBHARAM
BAMNIYA, AGED ABOUT 87 YEARS, OCCUPATION:
HOUSEHOLD GRAM TALANPUR, P.S. KUKSHI TEH.
KUKSHI DIST DHAR (MADHYA PRADESH)
3. MONIKA MINOR THR NATURAL GUARDIAN AND
MOTHER SMT. RESHAMBAI W/O SHOBHARAM
BAMNIYA, AGED ABOUT 87 YEARS, OCCUPATION:
HOUSEHOLD GRAM TALANPUR, P.S. KUKSHI TEH.
KUKSHI DIST DHAR (MADHYA PRADESH)
4. BADAL MINOR THR NATURAL GUARDIAN AND
MOTHER SMT. RESHAMBAI W/O SHOBHARAM
BAMNIYA, AGED ABOUT 87 YEARS, OCCUPATION:
HOUSEHOLD GRAM TALANPUR, P.S. KUKSHI TEH.
KUKSHI DIST DHAR (MADHYA PRADESH)
5. VERSINGH S/O KEKDIYA BHIL BAMNIYA, AGED
ABOUT 50 YEARS, OCCUPATION: NOTING GRAM
TALANPUR, P.S. KUKSHI TEH. KUKSHI DIST DHAR
(MADHYA PRADESH)
6. AMNABAI W/O VERSINGH BHIL BAMNIYA, AGED
ABOUT 48 YEARS, OCCUPATION: NOTHING GRAM
TALANPUR, P.S. KUKSHI TEH. KUKSHI DIST DHAR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI MANISH JAIN - ADVOCATE)
AND
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 31-05-2024
17:47:31
2
1. MOHD. HANIF S/O MOHD. RAFIQ, AGED ABOUT 28
YE A R S , OCCUPATION: DRIVER, R/O LAXMI
COLONY, KUKSHI, DISTRICT DHAR (MADHYA
PRADESH)
2. KAILASH S/O INDERSINGH PATEL KANNOJ, AGED
ABOUT 35 YEARS, OCCUPATION: OWNER 25/3-6,
SNEHLATA GANJ, INDORE (MADHYA PRADESH)
3. UNITED INDIA INSURANCE COM. LIMITED D.O. 2,
BLOCK NO. 5, 5TH FLOOR, I.D.A BUILDING, KHEL
PRASAL PARISAR, RACE COURSE ROAD, INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(R. NO.3 BY SHRI ANIL KUMAR GOYAL - ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Subject matter of this miscellaneous appeal is award dated 29/06/2019
passed in Claim Case No.118/2015, whereby an amount of Rs.7,12,600/- has
been awarded to the appellants / claimants.
2. Facts necessary for disposal of this appeal are that on 01/03/2015 (the
date of accident) deceased Shobharam was walking on foot before Gas Agency
Office, Alirajpur road. At that time, offending vehicle Maruti WagonR bearing
registration number MP-09-HE-5343 being driven rashly and negligently by
respondent No.1 dashed him from back side. The deceased suffered serious
injuries and died on the spot. The accident was reported to Police Station
Kukshi, where FIR (Ex.-A/1) at Crime No.135/2016 for offence under Section
304-A of IPC was registered and after investigation, charge sheet was filed
against respondent No.1.
3. Learned counsel for the appellants / claimants submits that income of
the deceased on the date of accident Rs.3,000/- per month as assessed by the
Claims Tribunal is on lower side. As per the circular issued under the Minimum
Wages Act, 1948, it should have been assessed to Rs.5,895/- per month. In the
head of loss of consortium only Rs.40,000/- has been awarded. All six
appellants / claimants, who are survivors i.e. wife, son, daughter, mother and
father of the deceased should have been awarded Rs.40,000/- each. On this
ground, learned counsel for the appellant has prayed for enhancement of the
award.
4. Per contra, learned counsel for respondent No.3 / Insurance Company
supported the impugned award and prays for dismissal of the appeal.
5. Heard learned counsel for the parties and perused the record with due
care.
6. As per the circular issued under the Minimum Wages Act, 1948 by the
Labour Department of State, on the date of accident i.e. on 01/03/2015
minimum wages for an unskilled labourer were fixed as Rs.5,895/-. In light of
the circular, learned Claims Tribunal has committed an error in assessing the
income of the deceased to Rs.3,000/- per month only, therefore, income of the
deceased is assessed based on the circular to Rs.5,895/- per month.
7. The concept of consortium has been elaborated by the apex Court in
the case of Magma General Insurance Company Limited Vs. Nanu Ram
Alias Chuhru Ram and Others reported in (2018) 18 SCC 130 and has
been extended in United India Insurance Company Limited Vs. Satinder
Kaur Alias Satwinder Kaur and Others reported in (2021) 11 SCC 780,
the concept of consortium has been categorized as spousal consortium for
husband and wife of the victim, parental consortium for the victim's son and
daughter as well as filial consortium for mother and father of the deceased. In
the light of above judgments, all the six appellants are entitled for compensation
of Rs.40,000/- each i.e. Rs.2,40,000/- in total in the head of consortium.
8. The appellants are entitled for compensation in the head of future loss
of income Rs.12,62,709/- (Rs.5895 x 12 = 70,740 40% Rs.28,296/- =
Rs.99,036/- x 1/4 x 17); towards funeral expenses of Rs.15,000/-; towards loss
of estate Rs.15,000/-; and towards spousal, parental and filial consortium
Rs.2,40,000/-, which comes to total Rs.15,32,709/- as against the amount of
Rs.7,12,600/- as awarded by the Claims Tribunal.
9. Thus, the appellants / claimants are entitled for just and proper
compensation of Rs.15,32,709/- as against the amount of Rs.7,12,600/-
awarded by the Claims Tribunal. Thus, over and above the amount already
awarded by the Claims Tribunal, the award is enhanced by Rs.8,20,109/-
(Rupees Eight Lakhs Twenty Thousand One Hundred and Nine Only).
On the enhanced amount, interest at the rate of 6% will be applicable from the
date of claim petition. Rest of the terms and conditions and findings as arrived
at by the learned Claims Tribunal shall remain intact.
10. The appellants have valued the appeal only to the extent of Rs.5
Lakhs, therefore, appellants will have to pay court fees on the rest of the
amount i.e. Rs.3,20,109/- within a period of 60 days from the date of order of
this Court and thereafter, the amount shall be released by the Insurance
Company upon receipt the certificate in this regard. In case, certificate is not
filed before the Insurance Company within a period of 03 months, the
appellants / claimants shall not be entitled to receive the interest on the amount
of Rs.3,20,109/-.
11. With the aforesaid, miscellaneous appeal is partly allowed to the
extent as indicated herein above. Parties shall bear their own costs.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
