Madhya Pradesh High Court
Smt. Ritu Dubey vs Munnalal on 27 October, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:26966
1 MA-79-2006
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 27th OF OCTOBER, 2025
MISC. APPEAL No. 79 of 2006
SMT. RITU DUBEY AND OTHERS
Versus
MUNNALAL AND OTHERS
Appearance:
Shri Sunil Jain - Advocate for the appellants.
None present for respondent No.1 though served.
Shri R.V. Sharma- 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 21.10.2005 passed by
First Motor Accident Claims Tribunal (hereinafter referred as "Claims
Tribunal), District- Shivpuri in Claim Case No.47/2005 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 Dr. Anil
Dubey due to motor accident, Claims Tribunal has awarded compensation to
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2 MA-79-2006
the tune of Rs.7,19,928/- with interest from the date of filing of claim
application till its realization.
4. Counsel for appellants submitted that compensation as awarded by
the Claims Tribunal is inadequate and is on lower side. It is further
submitted that Claims Tribunal has committed error in not awarding
reasonable amount in the head of loss of consortium, as per the verdict of
Hon'ble Apex Court in the case of United India Insurance Co. Ltd. Vs.
Satinder Kaur and others reported in 2020 ACJ 2131. It is contended on
behalf of appellants that trial Court has also committed error in not adding
future prospects and not awarding reasonable amount in other heads i.e. loss
of estate 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 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 impugned Award.
7. After hearing counsel for the parties on perusal of impugned award,
it is found that Claims Tribunal has rightly assessed the income of the
deceased to the tune of Rs.5,000/- for calculating the compensation amount.
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 ,
NEUTRAL CITATION NO. 2025:MPHC-GWL:26966
3 MA-79-2006
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 i.e.28
years, multiplier of 17 be applied.
9. Accordingly, appellants- claimants are entitled to get compensation
under the following heads:-
HEAD AMOUNT
Income Rs.5,000 X 12= 60,000/- pa
Future Prospects@40% Rs.84,000/-
Dependency 2/3 Rs.56,000/-
Multiplier 17 Rs.9,52,000/-
Other Heads:-
Loss of Consortium Rs.40,000 X 3 = Rs.1,20,000/-
Loss of Estate and funeral expenses Rs.30,000/-
Total Compensation = Rs.11,02,000/-
10. Thus, the just and proper amount of compensation in the instant
case is Rs.11,02,000/- as against the Award of the Claims Tribunal of
Rs.7,19,928/-. Accordingly, the appellants/claimants are entitled to an
additional sum of Rs.3,82,072/- over and above the amount, which has been
awarded by the Claims Tribunal.
11. In the result, this miscellaneous appeal is partly allowed, by
enhancing the compensation amount by a sum of Rs.3,82,072/-. 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
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4 MA-79-2006
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
*VJ*
