[Cites 1, Cited by 0]
Madhya Pradesh High Court
Smt. Basanti Chouhan (Gaur) vs Star Cab Services Pvt. Ltd on 12 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:6629
1 MA-686-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 12th OF MARCH, 2026
MISC. APPEAL No. 686 of 2016
SMT. BASANTI CHOUHAN (GAUR) AND OTHERS
Versus
STAR CAB SERVICES PVT. LTD AND OTHERS
Appearance:
Shri Gautam Gupta - Advocate for the appellants.
Shri Sudhir V. Dandwate - Advocate for respondent No.3 / Insurance
Company.
ORDER
This Miscellaneous Appeal has been preferred under Section 173(1) of
the Motor Vehicles Act, 1988 against the impugned award dated 06/11/2015
passed by 17th Member, Motor Accident Claims Tribunal, Indore (M.P.) in
Claim Case No.520/2015 and 521/2015, whereby an amount of
Rs.29,62,000/- has been awarded from the date of filing of claim petition i.e.
15/01/2013 to the appellants / claimants / survivors of the deceased with
interest @ 7% per annum.
2. Since wife and children of the deceased have filed claim case
separately and parents of the deceased have filed a separate claim case,
therefore, learned Claims Tribunal has decided it by a common award dated
06/11/2015 consolidating both the criminal cases as having similitude in the
controversy involved.
NEUTRAL CITATION NO. 2026:MPHC-IND:6629
2 MA-686-2016
3. Learned counsel for the appellants submits that limited point is
involved in this case ass deduction in the head of Personal Expenses, which
has been considered ½ by the Claims Tribunal, since three survivors
including wife, children and mother have been considered by the learned
Claims Tribunal as dependents, therefore, looking to the number of
dependents it should have been 1/3r d instead of ½. On these count, learned
counsel prays for allowing the appeal and enhancing the compensation
amount.
4. Per contra, learned counsel for the Insurance Company opposes the
prayer on the ground that wife and father are the Government Employee and
are earning members, therefore, they are not dependent on the income of the
deceased, therefore, learned Claims Tribunal has rightly deducted ½ towards
personal expenses. On these submissions, learned counsel prays for
dismissing the appeal.
5. Heard and considered the submissions and perused the record.
6. It is apparent from perusal of the record that deceased Ghanshyam
Gaur is survived by wife Basanti, son Master Krishna and mother Malti Bai,
therefore, deduction should not have been ½ in head of personal expenses, it
should have been 1/3rd. Since the arguments advanced on behalf of the
survivors of the deceased having force are accepted.
7. Resultantly, this appeal is allowed to the extent deduction in the
head of personal expenses is concerned, it would be 1/3rd. The amount
awarded in other heads are not in dispute.
8. Accordingly, the just and proper compensation amount comes as
NEUTRAL CITATION NO. 2026:MPHC-IND:6629
3 MA-686-2016
under:
Rs.19,000/- per month + Rs.9,500/- (50% Future Prospects) =
Loss of Rs.28,500/- x 12 months = Rs.3,42,000/- x 16 Multiplier =
Dependency: Rs.54,72,000/- (-) Rs.18,24,000/- (1/3rd Personal Expenses) =
Rs.36,48,000/-
Loss of
Rs.1,60,000/-
Consortium:
Funeral
Rs.25,000/-
Expenses:
Medical
Rs.76,000/-
Bills:
Total
Rs.39,09,000/-
Amount:
MACT
Rs.29,62,000/-
Awarded:
Enhanced
Rs.9,47,000/-
Amount:
Thus, the amount is enhanced and appellants / claimants are entitled to
an additional amount of Rs.9,47,000/- over and above the amount, which has
been awarded by the Claims Tribunal.
9. Since the appeal has been valued at Rs.6,00,000/- only, therefore,
the appellants are directed to pay additional court fees on the rest of the
amount of Rs.3,47,000/- within a period of 30 days from today at the
prevailing slab of court fees, thereafter, the same will be disbursed to the
appellants.
10. It is made clear, in case the court fees is not paid within the
stipulated period, the appellants will not be entitled for claiming interest on
the enhanced amount beyond 30 days' period, till the payment of requisite
court fees.
11. Resultantly, the appeal filed by the appellants / claimants is
allowed to the extent as indicated hereinabove. The other terms and
NEUTRAL CITATION NO. 2026:MPHC-IND:6629
4 MA-686-2016
conditions of the impugned award including rate of interest @ 7% shall
remain intact. Subject to payment of requisite additional court fees,
additional amount will also carry interest at the same rate, which was fixed in
the impugned order.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
