Manjubai vs Afjal Kha
2025 Latest Caselaw 15 MP

Madhya Pradesh High Court

Manjubai vs Afjal Kha on 1 April, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

         NEUTRAL CITATION NO. 2025:MPHC-IND:8491




                                                             1                               MA-1459-2014
                             IN        THE    HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                   ON THE 1 st OF APRIL, 2025
                                                 MISC. APPEAL No. 1459 of 2014
                                                    MANJUBAI AND OTHERS
                                                            Versus
                                                    AFJAL KHA AND OTHERS
                          Appearance:
                                  Ms. Nisha Tanwar - Advocate for the appellants.
                                  Shri S.A.Athawale - Advocate for respondent No.3.

                                                                 ORDER

This appeal is filed by the appellants/claimants under section 173(1) of the Motor Vehicles Act challenging the award dated 22.04.2014 passed by

6 th Addl. Member, Motor Accident Claims Tribunal, Indore, District Indore in Claim Case No. 645/2012 seeking enhancement of compensation amount awarded by the Tribunal.

2. The date of accident, negligence and the issue of liability of the Insurance Company are not in dispute and the findings recorded by the

Tribunal in this regard are also not in question. Therefore, this Court is not required to examine the issue No. 1, 2, 3 and 4 framed by the Tribunal. As per the findings of the Tribunal, for the death of Ishwar Singh the Tribunal has awarded a total compensation of Rs.6,20,500/- along with interest. Hence, the only issue which is required to be considered by this Court is Issue No. 5. The learned Tribunal has discussed of Issue No.5 from

NEUTRAL CITATION NO. 2025:MPHC-IND:8491

2 MA-1459-2014 paragraph No. 11 to 17 of the impugned award.

3. Learned counsel for the appellants submits that the Tribunal has committed an error in not awarding just and proper amount of compensation as the amount awarded by the Tribunal is on the lower side. According to the appellants, the accident took place on 12.07.2012. The income of the deceased has been taken into consideration as Rs. 3500/- per month but as per the guidelines issued by the National Legal Services Authority, his income ought to have been taken as Rs. 4770/- per month. Further, the Tribunal has awarded compensation under the heads loss of consortium, loss of estate and funeral expenses on the lower side. Appellants are ready to pay the additional court fees if the compensation is enhanced.

4. Learned counsel for the respondent/Insurance Company has

opposed the appeal, however, he has not disputed the aforesaid aspects.

5. Considering the aforesaid and in the light of the judgments of the Apex Court in case of National Insurance Co. Ltd. vs. Pranay Sethi & others , 2017 ACJ 2700 and Sarla Verma V/s. Managing DTC, 2009 ACJ 1298 , the compensation awarded by the Tribunal is modified as under :

Income taken as Rs. 4770/- pm x 12 months Loss of = Rs. 57240/- per annum + Rs. 22896/- (40% future

1. dependency prospect) - 1/4 (personal expenses) = 60,000/- (rounded of) x 15 (Multiplier) = Rs. 9,00,000/-

2. Loss of estate Rs. 15,000/-

Funeral

3. Rs. 15,000/-

Expenses Loss of

4. Rs. 2,00,000/-

                                     Consortium
                                     Total amount     Rs. 11,30,000/-

NEUTRAL CITATION NO. 2025:MPHC-IND:8491

3 MA-1459-2014

6. In view of the above, the appellants are entitled to the compensation of Rs. 11,30,000/-, whereas the learned Tribunal has awarded only a sum of Rs.6,20,500/-. Hence, the appellants are entitled for enhancement of Rs. 5,09,500/-.

7. Accordingly, the appeal is partly allowed. The compensation as awarded by the Tribunal deserves to be and is hereby enhanced by a sum of Rs. 5,09,500/- (Rupees Five Lakhs Nine Thousand Five Hundred Only). The enhanced amount will bear interest at the same rate as awarded by the Tribunal and will be governed by the same conditions as contained in the impugned award passed by the Tribunal. The appeal is valued at Rs. 1,50,000/- hence, the appellants/claimants are directed to pay the additional court fees on the enhanced compensation amount.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

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