Madhya Pradesh High Court
Smt. Kailashi Bai vs Lalla Sharma on 29 October, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:27322
1 MA-650-2007
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 29 th OF OCTOBER, 2025
MISC. APPEAL No. 650 of 2007
SMT. KAILASHI BAI AND OTHERS
Versus
LALLA SHARMA AND OTHERS
Appearance:
Shri R.P.Gupta - Advocate for the appellants.
Shri Somyadeep Dwivedi - Advocate for respondents.
ORDER
This appeal under Section 173(1) of the Motor Vehicles Act filed by the
appellants/claimants arising out of the award dated 03.04.2007 passed by Fifth
Additional Motor Accident Claims Tribunal (hereinafter referred as "Claims
Tribunal), District- Gwalioir in Claim Case No.40/2006 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 Pooran Singh
due to motor accident, Claims Tribunal has awarded compensation to the tune of
Rs.1,05,500/- with interest from the date of filing of claim application till its
realization.
4. Counsel for appellants submitted that compensation as awarded by the
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2 MA-650-2007
Claims Tribunal is inadequate and is on lower side. It is further submitted that the
Claims Tribunal assessed the income of deceased to the tune of Rs.1500/- per
month, which is also 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
applying reasonable multiplier, not adding future prospects as well as 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 respondents 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
undisputed that accident occurred on 23.08.2004 and appellants are unable to
adduce any substantital evidence in regard to the income of the deceased.
Considering the date of accident and income of the unskilled labour, the Claims
Tribunal has rightly assessed the income of the deceased to the tune of Rs.1500/-
per month.
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
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3 MA-650-2007
claimants are entitled for loss of income including future prospects of
10%. 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. between 56-60 years,
multiplier of 9 be applied.
9. Accordingly, appellants- claimants are entitled to get compensation under
the following heads:-
HEAD AMOUNT
Income Rs.1500 X 12= 18,000/- pa
Future Prospects10% Rs.19,800/-
Dependency 3/4 Rs14,850/-
Multiplier 9 Rs.1,33,650/-
Other Heads:-
Loss of Consortium Rs.40,000 X 7 = Rs.2,80,000/-
Loss of Estate and funeral expenses Rs.30,000/-
Total Compensation = Rs.4,43,650/-
10. Thus, the just and proper amount of compensation in the instant case
i s Rs.4,43,650/- as against the Award of the Claims Tribunal of Rs.1,05,500/-.
Accordingly, the appellants/claimants are entitled to an additional sum of
Rs.3,38,150/- 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.3,38,150/-. 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.
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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*
