Madhya Pradesh High Court
Smt. Ramkanti vs Prem Chand @ Prem Singh on 26 August, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:19490
1 MA-2754-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 26th OF AUGUST, 2025
MISC. APPEAL No. 2754 of 2023
SMT. RAMKANTI AND OTHERS
Versus
PREM CHAND @ PREM SINGH AND OTHERS
Appearance:
Shri Brij Kishore Kushwah - Advocate for the appellants.
Shri Naresh Singh Tomar- Advocate for respondent No.3/Insurance
Company.
ORDER
This appeal under Section 173(1) of the Motor Vehicles Act filed by
the appellants/claimants arising out of the award dated 06.02.2023 passed by
Member Motor Accident Claims Tribunal (hereinafter referred as "Claims
Tribunal), District- Bhind in Claim Case No.22/2022 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 Sunil due
to motor accident, Claims Tribunal has awarded compensation to the tune of
Rs.9,79,496/- with interest from the date of filing of claim application till its
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realization.
4. Counsel for appellants submitted that compensation as awarded by
the Claims Tribunal in assessing the income of deceased to the tune of
Rs.5,350/- per month is inadequate and is on the lower side. It is further
submitted that deceased was unskilled labour as well as was an the
agriculturist by profession. Learned counsel for the claimants contended that
Claims Tribunal has committed an error in assessing the income of the
deceased and in not adding any future prospects as well as reasonable 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 respondent
No.3/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.6,000/- per month of an unskilled
labour instead of Rs.5,350/- per month which has wrongly been assessed by
the Claims Tribunal.
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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 of
40%. Further, as per the judgment of the Apex Court in the case of Sarla
Verma and ors. Vs Delhi Transport Corporation and Anr. reported in (2009)
6 SCC 121, even if age of the deceased is to be taken into account, Claims
Tribunal has rightly applied multiplier of 16.
9. Accordingly, appellants- claimants are entitled to get compensation
under the following heads:-
HEAD AMOUNT
Income Rs.6,000/- pm
Future Prospects@40% (Rs.6000 + 2400)= Rs.8400/-
Dependency 1/4 Rs.2100/-
Annual Income Rs.6300 (8400 -2100) x 12= 75,600/-
Loss of Income Rs.75,600 X 16= 12,09,600/-
Other Heads:-
Loss of Consortium Rs.48,000 X 4 = Rs.1,92,000/-
Loss of Estate and funeral expenses Rs.36,000/-
Total Compensation = Rs.14,37,600/-
10. Thus, the just and proper amount of compensation in the instant
case is Rs.11,89,632/- as against the Award of the Claims Tribunal of
Rs.9,79,496/-. Accordingly, the appellants/claimants are entitled to an
additional sum of Rs.4,58,104/- over and above the amount, which has been
awarded by the Claims Tribunal.
11. In the result, this miscellaneous appeal is partly allowed, by
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enhancing the compensation amount by a sum of Rs.4,58,104/-. 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.
12. 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.
13. In view of the above, miscellaneous appeal filed by the
appellants/claimants stands disposed of.
(HIRDESH)
JUDGE
MKB
