Madhya Pradesh High Court
Smt. Krishna And 2 Ors. vs Jayantilal And Anr. on 8 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:9610
1 MA-209-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 8 th OF APRIL, 2025
MISC. APPEAL No. 209 of 2013
SMT. KRISHNA AND 2 ORS. AND OTHERS
Versus
JAYANTILAL AND ANR. AND OTHERS
Appearance:
Ms. Pooja Nikam -advocate appearing on behalf of Shri Arun Tripathi,
advocate for the appellant.
Shri Sanjay Mehra, learned counsel for the respondent No.2/Insurance
Company.
Heard on : 25.03.2025
Pronounced on : 08.04.2025
JUDGMENT
This appeal by the claimant under section 173(1) of the Motor
Vehicles Act 1988 is arising out of the award dated 10.09.2012, passed by
Member MACT, Indore, in Claim Case No.59/12 seeking enhancement of
compensation amount awarded by the Tribunal.
2. The brief facts of the case are that on 24.06.2009 the deceased
Prahlad Agrawal was travelling with other co-passengers in a car to attend
the Turban ceremony (Pagdi Rasam) at Barmandal, Barwani at that time a
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truck being driven rashly and negligently on the opposite direction collided
with the car due to which all the passengers in the car sustained grievous
injuries and the deceased died during treatment.
3. As per the findings of the Tribunal, for the death of deceased, the
Tribunal has awarded a total compensation of Rs.4,33,000/-.
4. The Tribunal while awarding the amount of compensation for the
death of deceased, has considered the entire evidence placed on record and
after recording evidence Tribunal awarded a total compensation of
Rs.4,33,000/- in the following heads:
Loss of dependency Rs.3,60,000/-
Income taken as Rs.5000-1/3 x 12 x9
funeral expenses Rs.5,000/-
Medical Expenses Rs. 63,000/-
Loss of companionship Rs.5,000/-
TOTAL Rs.4,33,000/-
4 . Learned counsel for the appellant submits that the Tribunal has
committed an error in not awarding just and proper amount of compensation
in the case as the amount awarded by the Tribunal is on the lower side hence,
liable to be appropriately modified. The interest of 8% is also on very low as
per settled law on this point. The Tribunal has committed an error in not
awarding compensation under the head of future prospects keeping in view
the verdict of the apex Court in the case of National Insurance Co. Ltd. vs.
Pranay Sethi - 2017 ACJ 2700, in which it is held that every dependent is
entitled for consortium, hence, the view of learned Trial Court regarding
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single consortium is also perverse. So far as the income is concerned, the
learned Tribunal has taken notional income as Rs.5000/- per month and after
deduction calculated loss of dependency as Rs.3,60,000/-. Loss of
companionship and funeral expenses has been taken at Rs.5000/- under each
head which are also on the lower side. Hence, prayed for awarding just and
proper amount of compensation in the case.
5. On the other hand, learned counsel for the Insurance Company
has argued in support of the impugned award and contended that the claims
tribunal has rightly awarded the compensation amount in the case which does
not call for any interference by this Court.
6. Heard learned counsel for the parties and perused the record.
7. After hearing learned counsel for the parties and going through
the record and also the judgments passed by Hon'ble Apex Court in the cases
of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru
Ram and others (2041), Kirti and Another v. Oriental Insurance Company
Limited, (2021) 2 SCC 166 and Pranay Sethi (Supra) I find substance in the
arguments advanced by the counsel for the appellants.
8. Certainly, in this case, the claimants have not produced any
evidence regarding income. However, since the deceased was aged person
and was looking after the family income, therefore the trial Court has
considered the notional income as Rs.5000/- per month and the same is taken
as such. Since, the age of deceased is, undisputedly, 57 years at the time of
incident, in view of Pranay Sethi (Supra) 10% future prospect should be
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added in his income. As such, the yearly income of deceased after deduction
of loss of dependency @ 1/3 would be considered as Rs.60000/- (Rs.5000/-
x12) (10% F.P.)-1/3 X 12 X9 = Rs.3,96,000/- per year.
10. That apart, the order of learned trial Court with regard to the head
of consortium amount, is also perverse in light of the decision of Hon'ble
Apex Court in the case of Magma General Insurance Company (supra).
Hence, it will be appropriate to apply multiplier of three as there are three
dependents of the deceased i.e. Rs.40,000/-x 3= 1,20,000/- under the head of
Consortium. Loss of companionship and funeral expenses are taken as
Rs.15,000/- under each head.
11. In view of the foregoing discussion, the compensation awarded by
the Tribunal deserves to be modified as under:
HEAD AMOUNT
Income taken Rs.5000+(10% F.P.) =
Rs. 5500 per month x 12 =
Rs. 66,000/- (per year)
Personal Expenses -1/3 = Rs.22,000/- per year
Loss of dependency 2/3 -Rs.44,000/- per year
Multiplier 9 - Rs.44,000/- x 9=3,96,000/-
Loss of consortium -Rs.40,000 x 3 = 1,20,000/-
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Medical expenses =Rs.63,000/-
Loss of companionship = Rs.15,000/-
Funeral expenses -Rs.15,000/-
------------------
TOTAL Rs.6,09,000/-
12. Thus, the just and proper amount of compensation in the instant case
is Rs.6,09,000/- as against the award of the Tribunal of Rs.4,33,000/-.
Accordingly, the appellants are entitled to an additional sum of Rs.1,76,000/-
over and above the amount which has been awarded by the Tribunal.
13. In the result, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.1,76,000/-. Considering the defence of
the insurance company, it would be that at first the compensation be paid
subject to furnishing the security by the owner/driver and then the same shall
be recovered.
14. The enhanced amount shall carry interest as fixed by the learned
Claims Tribunal from the date of filing of claim petition till its realization. The
said amount be paid within a period of three months from the date of receipt of
certified copy of this order. Rest of conditions as imposed by learned Claims
Tribunal shall remain intact.
15. If the enhanced amount of compensation is in excess to the valuation of
appeal, the difference of the Court fee (if not already paid) shall be deposited by
the appellants- claimants within a period of one month and proof thereof, shall be
submitted before the Registry. Thereafter, the Registry shall issue the certified
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copy of the order passed today.
(PREM NARAYAN SINGH)
JUDGE
sumathi
