Madhya Pradesh High Court
Smt. Dagdi Bai vs Nenu Lal Jaat on 21 January, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:2954
1 MA-3881-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 21st OF JANUARY, 2025
MISC. APPEAL No. 3881 of 2010
SMT. DAGDI BAI AND OTHERS
Versus
NENU LAL JAAT AND OTHERS
Appearance:
Shri Abhi Shankar Mishra - Advocate for the appellants.
ORDER
This miscellaneous appeal under Section 173(1) of the Motor
Vehicles Act, 1988 is filed by the claimants being aggrieved of the
award dated 18.12.2009 passed by the learned Motor Accident Claims
Tribunal, Khandwa (M.P.) in claim case No.48/08 ( Smt. Dagdi Bai and
another Vs. Nenulal Jaat and others) on two grounds, namely, age of
deceased Lakhan was between 18 to 20 years and, therefore, multiplier
of 18 should have been applied in view of the law laid down by Hon'ble
Supreme Court in case of Sarla Verma (Smt) & Others Vs. Delhi
Transport Corporation & Another (2009) 6 SCC 121 and, secondly, in
view of the judgment of Hon'ble Supreme Court in case of National
Insurance Company Ltd. Vs. Pranay Sethi and others, (2017) 16 SCC
680, future prospect are applicable in the case of the appellants.
2. Nobody is appearing for the respondent-insurance company despite
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the fact that one Shri Ashish Vaidya, learned counsel has filed
Vakalatnama for the insurance company and had entered into a
settlement during pre-sitting for a sum Rs.2,65,000/-.
3. Since the docket is not filed, matter is taken up on its own merits.
4. After hearing learned counsel for the appellants and going through
the record, learned claims Tribunal has computed notional income of the
deceased at Rs.3,000/- per month or Rs.36,000/- per annum. As deceased
was a bachelor, 50% deduction has been made, therefore, total
dependency of the claimants comes out to Rs.18,000/- per annum. 40%
is to be added towards future prospects and then when multiplier of 18 is
applied, then the amount of pecuniary compensation will come to
Rs.4,53,600/-. In addition, claimants who are parents of the deceased are
also entitled to a sum of Rs.30,000/- under the head of non-pecuniary
compensation towards last rites and loss of estate plus Rs.80,000/-
towards the loss of consortium.
5. Hence, the claimants will be entitled to a sum of Rs.5,63,600/- in
place of Rs.2,67,000/- awarded by the learned Claims Tribunal. Thus,
there will be enhancement to the tune of Rs.2,96,600/- (Rupees Two
Lacs Ninety Six Thousand and Six Hundred only) for which claimants
will be entitled to in addition to the amount awarded by learned Claims
Tribunal. This additional amount will also earn interest at the rate of 7%
per annum, as has been awarded by the learned Claims Tribunal, from
the date of filing of claim petition till the date of actual payment. Other
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terms and conditions of the award like fixation of liability, etc. shall
remain intact.
6. Let award be complied with within a period of 30 days from the date
of communication of this order.
7. It is further directed that that this fact be notified to the Managing
Director of the New India Assurance Company Ltd. that after entering
into a compromise during the pre-sitting, the insurance company did not
honour the compromise and did not file the docket, therefore, insurance
company, if so require, may recover the excess amount i.e. amount in
excess of Rs.2,65,000/- (Rupees Two Lacs and Sixty Five Thousand
only), from the delinquent officer of the insurance company who refused
to sign the docket.
8. Respondents will also bear cost of this litigation, which is quantified
at Rs.5,000/- (Rupees Five Thousand only).
9. In above terms, this miscellaneous appeal is allowed and disposed
of.
10. Record of the Claims Tribunal be sent back.
(VIVEK AGARWAL)
JUDGE
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