Madhya Pradesh High Court
Devbaks vs Jainarayan on 8 August, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:17233
1 MA-1041-2012
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. 1041 of 2012
DEVBAKS AND OTHERS
Versus
JAINARAYAN AND OTHERS
Appearance:
Shri Anil Kumar Shrivastava - Advocate for the appellants.
Shri S.N. Gadkar- Advocate for the respondent No.3.
ORDER
This appeal under Section 173(1) of the Motor Vehicles Act filed by the
claimant arising out of the award dated 06.07.2012 passed by Ist Additional Motor
Accident Claims Tribunal to the Court of First Additional Member Motor Accident
Claims Tribunal (hereinafter referred as "Claims Tribunal), Guna in Claim Case
No.71/2011 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 Kala Bai, Claims
Tribunal has awarded compensation to the tune of Rs.2,85,000/- with interest from the
date of filing of claim application till its realization.
4. Learned counsel for the appellants submitted that Claims Tribunal has
committed error in not adding future prospects and other heads i.e. loss of estate, loss
of consortium and funeral expenses. 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
NEUTRAL CITATION NO. 2025:MPHC-GWL:17233
2 MA-1041-2012
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 held
income of the deceased to the tune of Rs.3,000/- per month at the time of accident i.e
on 11.08.2007. Therefore, there is no need of interference of this Court in this regard
and Claims Tribunal has rightly assessed the income of the decease i.e. Rs.3,000/- per
month. Deceased Kala Bai was aged 50- 60 years at the time of alleged accident,
therefore, Claims Tribunal has also rightly assessed the multiplier of 11 for amount of
compensation.
8. As regards loss of income including future prospects, in the light of judgment
o f 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 50-60 years, therefore, future
prospects be added at 10%. Accordingly, appellants- claimants are entitled to
get compensation under the following heads:-
HEAD AMOUNT
(Rs.3000 pm X 12 m)= 36000/- per
Total Income
annum
Future Prospects @ 10% @10%= Rs.3600/-
Income & Future Prospects Rs.39,600/-
Multiplier Rs.39,600 X 11 = 4,35,600/-
Loss of Income Rs.4,35,600/-
Other Heads:-
Loss of Consortium Rs.44,000 X 5 = Rs.2,20,000/-
Loss of Estate and funeral
Rs.33,000/-
expenses
Total = Rs.6,88,600/-
9. Thus, the just and proper amount of compensation in the instant case is
NEUTRAL CITATION NO. 2025:MPHC-GWL:17233
3 MA-1041-2012
Rs.6,88,600/- as against the Award of the Claims Tribunal of Rs.2,85,000/-.
Accordingly, the appellants/claimants are entitled to an additional sum of Rs.4,03,600/-
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.4,03,600/-. 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.
11. 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 copy of
the order passed today.
12. In view of above, miscellaneous appeal filed by the claimants stands disposed
of.
(HIRDESH)
JUDGE
*VJ*
