[Cites 4, Cited by 0]
Madhya Pradesh High Court
Smt. Neeta And 4 Ors. vs Vijay And 2 Ors. on 4 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:3652
1 MA-2533-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4 th OF FEBRUARY, 2026
MISC. APPEAL No. 2533 of 2013
SMT. NEETA AND 4 ORS.
Versus
VIJAY AND 2 ORS. AND OTHERS
Appearance:
Shri Jahangir M. Poonegar - Advocate for the appellants.
Shri Manoj Kumar Soni - Advocate for the respondent No. 3.
ORDER
Feeling aggrieved by the impugned award dated 17.05.2013 in Claim
Case No. 15/10 (Neeta & Ors. vs. Vijay & Ors.), this appeal has been
preferred under Section 173 of Motor Vehicle Act, 1988. Learned Claims
Tribunal has awarded an amount of Rs.14,55,397/- with interest of 6% from
the date of filing of claim petition.
0 2 . Brief facts of the case are that deceased Vishal was riding on a
motorcycle No. MP 09 JZ 5712 going towards Dhar from Mhow on
23.02.2010 and at about 10 am in the morning, nearby Sadalpur in front of
Seema's Board at Dhar road, respondent No. 1 driven the offending Truck
No. MP 09 HF-1545 rashly and negligently and dashed the motorcycle of the
deceased Vishal from rear side. Deceased suffered grievous injuries and
passed away instantly on the spot. He was declared dead at Mittal Hospital,
Dhar. Incident was reported and the case under Section 304(A) of IPC was
NEUTRAL CITATION NO. 2026:MPHC-IND:3652
2 MA-2533-2013
registered at Police Station - Sadalpur. Vishal was near about 33 years of age
and he was doing the government job in M.Y. Hospital as Lab. Technician
and earning Rs.15,000/- per month. Survivors of the deceased were wife,
child, father, brother and mother filed the claim petition.
0 3 . Learned counsel for the appellants submits that learned Claims
Tribunal has not awarded future prospects which were to be awarded as per
para 59.3 of National Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680
as age of the deceased was only 33 years which is not in dispute and he was
earning Rs.11,945/- which is also not in dispute, therefore, being a permanent
job, 50% of the established income will be added in future prospect head.
Similarly, as per directions contained in para 59.8 of Pranay Sethi (supra),
Rs.15,000/- will be awarded in the loss of estate and Rs.15,000/- will be
awarded for funeral expenses along with Rs.40,000/- each to wife, son,
mother, father as survivors for loss of consortium.
04. Learned counsel for the Insurance Company opposes the prayer
and submits that Insurance company has adduced evidence by examining
three witnesses on the point to prove that the offending vehicle has been
falsely implicated in the case, but that has not been considered and also
submits that father and major brother have also not considered as
dependents, therefore, 1/3rd should be deducted in the head of personal
expenses. Learned Claims Tribunal has considered each and every aspect
while awarding the compensation amount, hence does not require any
interference and prays for dismissal of the appeal.
0 5 . From perusal of the claim petition and appeal memo, learned
NEUTRAL CITATION NO. 2026:MPHC-IND:3652
3 MA-2533-2013
Claims Tribunal has taken into account the evidence available on record and
rightly reached to the conclusion that it is not a case of false implication of
the offending vehicle, hence evidence in this regard has been rightly rejected.
Looking to the number dependents, father, mother, one son and wife, four in
number, therefore, 1/4th will be the deduction instead of 1/3rd. This
contention of the learned Claims Tribunal is also rejected. It is also apparent
that being a permanent job of the deceased, 50% of the income will be added
in future prospect head. Similarly, as per directions contained in para 59.8 of
Pranay Sethi (supra), Rs.15,000/- will be awarded in the loss of estate and
Rs.15,000/- will be awarded for funeral expenses along with Rs.40,000/-
each to wife, son, mother, father as survivors for loss of consortium of their
child, husband and father. Looking to the age of the deceased, multiplier of
16 will also be added and 1/4th will be deducted in the head of personal
expenses. Hence, just and proper amount of compensation will be computed
as under:-
Rs.11,944/- per month + Rs.5972/- (50% F.P.) =
Rs.17,916/- x 12 = Rs.2,14,992/- - Rs.53,748/- (1/4th
Dependency
personal expenses) =Rs.1,61,244/- x 16 (Multiplier) =
Rs.25,79,904/-
Consortium Rs.40,000/- x 4 =Rs.1,60,000/-
Loss of estate Rs.15,000/-
Funeral
Rs.15,000/-
expenses
Total Rs.27,69,904/-
less MACT
Rs.14,55,397/-
award
Enhanced
Rs.13,14,507/-
amount
06. Accordingly, claimants are entitled to an additional sum
of Rs.13,14,507/- over and above the amount which has been awarded by the
NEUTRAL CITATION NO. 2026:MPHC-IND:3652
4 MA-2533-2013
Tribunal.
07. The appeal is valued as Rs.50,000/- and the deficit court fee on
the enhanced amount will be paid within a period of 30 days, failing which
the Insurance Company shall not be liable to pay interest on the enhanced
amount after passing of 30 days from today. The other terms and conditions
of the impugned award shall remain intact.
08. Resultantly, the appeal is allowed and disposed off to the extent
herein above indicated.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
