Madhya Pradesh High Court
Smt.Anju Nath vs Chunna Khan on 8 August, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:17269
1 MA-243-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 8 th OF AUGUST, 2025
MISC. APPEAL No. 243 of 2012
SMT.ANJU NATH AND OTHERS
Versus
CHUNNA KHAN AND OTHERS
Appearance:
Shri Ashok Kumar Rathore- Advocate for appellants.
Shri Bal Krishna Agrawal- Advocate for respondent No.3.
ORDER
This appeal under Section 173(1) of the Motor Vehicles Act filed by
the appellants/claimants arising out of the award dated 08.09.2011 passed by
Xth Additional Motor Accident Claims Tribunal (hereinafter referred as
"Claims Tribunal), Gwalior in Claim Case No.39/11 on account of
inadequacy of compensation and seeking enhancement of compensation.
2. The date of accident, negligence and issue of liability are not in
dispute, however, the findings recorded by the Claims Tribunal in this regard
is not in question.
3. As per the findings of the Tribunal in the case of death of Ravi
Nath, Claims Tribunal has awarded compensation to the tune of
Rs.4,43,000/- with interest from the date of filing of claim application till its
realization.
4. Counsel for appellants submitted that compensation as awarded by
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2 MA-243-2012
the Claims Tribunal in assessing the income of deceased to the tune of
Rs.3,000/- per month is inadequate and on lower side. It is further submitted
that deceased was unskilled labour, his income must be assessed as per
Minimum Wages Act of unskilled labour. Learned counsel for the appellants
contended that Claims Tribunal has committed error in not adding future
prospects, not applying reasonable multiplier and other heads i.e. loss of
estate, loss of consortium, funeral expenses etc. Hence, it is prayed that
reasonable amount of compensation may be awarded to the claimants.
5. On the other hand, learned counsel for the Insurance Company
contended that the Claims Tribunal has rightly awarded the compensation
and argued in support of the findings recorded by the Claims Tribunal.
6. Heard the arguments advanced by the counsel for the parties
and perused the record of the Tribunal.
7. After hearing counsel for the parties, it is found that Claims
Tribunal has assessed the income of the deceased is on lower side. In
considered opinion of this Court, the just and proper amount of the income
of the deceased in the present case is Rs.4,145/- per month instead of
Rs.3,000/- per month.
8. As regards loss of income including future prospects, in the light of
judgment of National Insurance Co. Ltd. Vs. Pranay Sethi , 2017 ACJ 2700 ,
the claimants are entitled for loss of income including future prospects. As
per Pranay Sethi (supra) , age of the deceased at the time of alleged accident
was 27 years, therefore, future prospects be added at 40%. Further, as per the
judgment of the Apex Court in the case of Sarla Verma and ors. Vs Delhi
NEUTRAL CITATION NO. 2025:MPHC-GWL:17269
3 MA-243-2012
Transport Corporation and Anr. reported in (2009) 6 SCC 121 , even if age of
the deceased is to be taken into account, multiplier of 17 is to be applied.
Accordingly, appellants- claimants are entitled to get compensation under the
following heads:-
HEAD AMOUNT
Total Income (Rs.4145 pm )
Future Prospects @
@40%
40%
4145 x 12= 49740/- of 2/3 =33,160 + 40% of
Loss of Dependency
33,160/-= 46,424 X 17= 7,89,208/-
Other Heads:-
Loss of Consortium Rs.44,000 X 4 = Rs.1,76,000/-
Loss of Estate and
Rs.33,000/-
funeral expenses
Transportation Rs.5,000/-
Total = Rs.10,03,208/-
9. Thus, the just and proper amount of compensation in the instant case
i s Rs.10,03,208/- as against the Award of the Claims Tribunal of
Rs.4,43,000/-. Accordingly, the appellants/claimants are entitled to an
additional sum of Rs.5,60,208/- over and above the amount, which has been
awarded by the Claims Tribunal.
10. In the result, this miscellaneous appeal is partly allowed, by
enhancing the compensation amount by a sum of Rs.5,60,208/-. 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
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4 MA-243-2012
shall remain intact.
11. Although the appellants have valued this appeal at Rs.2,00,000/-
and paid court fees on the said amount, however, in view of the decision of
the Apex Court in Kavita Balothiya and Others vs. Santosh Kumar and
Another in Civil Appeal No. 8053/2024 (@ SLP (C) No. 16558/2024) , it is
directed that the appellants shall pay the court fees on the remaining amount
of Rs.3,60,208/- (i.e., Rs. 5,60,208/- - Rs.2,00,000/-) within a period of one
month from the date of receipt of the certified copy of this order. Failing
which, the present order shall not be given effect to. It is further clarified that
on this amount of Rs.3,60,208/- the interest as aforesaid shall be counted
from the date of deposition of court fee on the said amount.
12. In view of above, miscellaneous appeal filed by the claimants
stands disposed of.
(HIRDESH)
JUDGE
*VJ*
