Madhya Pradesh High Court
Superintendent Of Police vs Ku. Neetu Kori on 27 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:28027
1 MA-2406-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KHOT
ON THE 27th OF JUNE, 2025
MISC. APPEAL No. 2406 of 2012
SUPERINTENDENT OF POLICE AND OTHERS
Versus
KU. NEETU KORI AND OTHERS
Appearance:
Shri Dinesh Prasad Patel - Advocate for appellants.
Shri Santosh Prasad Rai - Advocate for respondents No.1 to 4.
ORDER
The present appeal has been filed by the appellants/State challenging
the award dated 03.01.2011 passed by the 19th AMACT, Jabalpur in Motor
Accident Claim Case No.25/2009 filed by the respondents/claimants under
Section 166 of the Motor Vehicles Act, 1988 on account of death of
deceased Mohanlal Kori.
2. Short facts giving rise to this appeal are that deceased Mohanlal, who
was husband of claimant No.1 Smt. Manbai and father of claimants No.2 to
5, met with an accident on 11.04.2007 when he was walking on the road. The
accident is caused on account of rash and negligent driving of the non-
applicant No.1 driver of Government Vehicle No. M.P.-03-7000 due to
which he fell down and because of the injuries he succumbed to death. The
offence was registered at Crime No.215/2007 under Section 304A of the
Indian Penal Code against the unknown vehicle and driver and thereafter the
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non-applicant No.1 was arrested and challan was filed. It has been submitted
that the deceased was working as a Cleaner in a Bus of School and was
earning Rs.6000/- per month. Because of the death of the Mohanlal, his
family members suffered mental agony and financial loss. The said
averments were denied by the appellants/non-applicants No.1 to 3 stating
that as the deceased and claimants were residents of District Damoh and
death has also occurred in Damoh, the claim petition at Jabalpur was not
maintainable.
3. The counsel for the humble appellants submitted that the learned
Tribunal has failed to consider the aspect of territorial jurisdiction for which
the pleadings were made and evidence was adduced. It is submitted that the
learned Tribunal in a cursory manner has not gone into the detail that the
claimants and deceased were the residents of Damoh and death certificate
and Aadhar Card were also issued from Damoh. The said evidence has not
been appreciated by the learned Tribunal in its true perspective and has,
therefore, erred in deciding the claim application against the appellants/non-
applicants. It is further submitted that the income has also not been assessed
on the basis of cogent evidence and prayed that the impugned award be set
aside by allowing the present appeal.
4. Per contra, learned counsel appearing for the claimants/respondents
herein submits that the learned Tribunal has rightly held that the application
was submitted in Jabalpur as the claimants were poor labourers and for
finding labour they go from one place to another place. At the time of filing
the application, they were residents of Jabalpur. It is further submitted that
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only notional income of Rs.2000/- per month has been assessed by the
learned Tribunal, therefore, the findings arrived at by the learned Tribunal
are just and proper and not called for any interference by this Court.
5. Heard learned counsel for the parties and perused the record.
6. From perusal of the record, it is seen that the learned Tribunal has
framed issue No.5 on the question of jurisdiction and on the basis of the
evidence as opined that at the time of filing of the application the claimants
were residents of District, Jabalpur. The statements of claimants' witnesses
have been appreciated that at the time of filing of the application they were
living in the house of son-in-law who was tenant in the house of one Imratlal
Kevat, Ranital Dhobighat, Jabalpur. The said statement has not been
contradicted by the appellants/non-applicants before the learned Tribunal
and, therefore, on the basis of evidence led by the parties, the learned
Tribunal came to the conclusion that the Tribunal had the jurisdiction to
entertain the application under Section 166 of the Motor Vehicles Act at
Jabalpur. It is also seen from the record that assuming the deceased as a
labour the learned Tribunal has assessed the notional income of the deceased
at the rate of Rs.2000/- per month relying on the judgment of the Hon'ble
Apex Court in the case of National Insurance Company Limited vs. Guru
Malamma and others reported in 2009 Part-3 T.A.C. 1006 (S.C.). Therefore,
the finding arrived at by the learned Tribunal on the question of assessing
notional income is also based on cogent evidence as also law laid down by
the Hon'ble Apex Court and does not call for any interference.
7. On the basis of aforesaid analysis and evaluation of evidence, this Court
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is of the considered opinion that the appeal filed by the appellants sans merit
and is hereby dismissed with no order as to costs. The findings and the
conditions of award are affirmed. Appellants are granted one month's time to
deposit the amount of the award before the Tribunal.
(DEEPAK KHOT)
JUDGE
psm
