[Cites 4, Cited by 0]
Madhya Pradesh High Court
Tabassum Bano vs Dullichandra Agarwal on 16 January, 2026
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:2118
1 MA-638-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 16 th OF JANUARY, 2026
MISC. APPEAL No. 638 of 2013
TABASSUM BANO AND OTHERS
Versus
DULLICHANDRA AGARWAL AND OTHERS
Appearance:
Shri F.A.Shah - Advocate for the appellants/claimants.
Shri Arvind Kumar Agrawal-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 29/01/2013 passed by Member
Additional Motor Accident Claims Tribunal (hereinafter referred as "Claims
Tribunal), District- Sheopur (M.P.) in Claim Case No.02/2012 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 Javed due to
motor accident, Claims Tribunal has awarded compensation to the tune of
Rs.4,38,000/- with interest from the date of filing of claim application till its
realization.
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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 the
Claims Tribunal assessed the income of deceased to the tune of Rs.3,000/- 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. It is contended on behalf of appellants that Claims Tribunal has also
committed error in not applying reasonable multiplier, not adding any 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 respondent No.3 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 09/10/2011 and appellants are unable to
adduce any substantial evidence in regard to the income of the deceased. So, in
view of the judgments in Sukhdevi v. Devendra Kumar , ILR 2014 MP 172;
Kanwar Devi v. Bansal Roadways , 2008 ACJ 2182; and National Insurance Co.
Ltd. v. Renu Devi , (2008) 3 ACC 134 , when documentary proof of income is
lacking, income is to be assessed as per the minimum wages applicable.
Therefore, Considering the date of accident and income of the unskilled labour, the
income of the the deceased be assessed to the tune of Rs.4145/- per month.
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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
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, multiplier of "18" ought to
be applied. Also, in view of the judgment passed by Hon'ble Apex Court in the
case of United India Insurance Company Ltd. vs. Satinder Kaur and Others
reported in 2020 ACJ 2131 , the appellants- claimants are entitled to get
compensation towards loss of consortium and loss of estate.
9. Accordingly, appellants-claimants are entitled to get compensation under
the following heads:-
HEAD AMOUNT
Income Rs.4145 X 12= 49,740/- PA
After adding Future Prospects @ 40% Rs.19,896/-
After adding Dependency 2/3 Rs.46,424/-
Multiplier 18 Rs.8,35,632/-
Other Heads:-
Loss of Consortium Rs.40,000 X3 = Rs.1,20,000/-
Loss of Estate and funeral expenses Rs.30,000/-
Total Compensation = Rs.9,85,632/-
10. Thus, the just and proper amount of compensation in the instant case
i s Rs. 9,85,632/- as against the Award of the Claims Tribunal of Rs.4,38,000/-.
Accordingly, the appellants/claimants are entitled to an additional sum of
Rs.5,47,632/- over and above the amount, which has been awarded by the Claims
Tribunal.
11. In the result, the misc. appeal is partly allowed by enhancing the
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compensation amount by a sum of Rs. 5,47,632/- and the enhanced amount shall
carry interest at the rate awarded by the Claims Tribunal from the date of filing of
the claim petition till its realization. The said enhanced 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 Claims Tribunal shall remain intact.
12. If the enhanced amount of compensation is in excess to the valuation
in the misc. appeal, the difference of 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 and thereafter, the Registry shall
issue the certified copy of the order passed today.
13. The instant misc. appeal stands disposed of to the extent indicated
hereinabove.
(HIRDESH)
JUDGE
Prachi
