Madhya Pradesh High Court
Smt. Basmati Devi vs Amritpal on 8 August, 2023
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 8 th OF AUGUST, 2023
MISC. APPEAL No. 527 of 2023
BETWEEN:-
1. SMT. BASMATI DEVI W/O SHRI CHANDRA MANI
PRASAD VERMA, AGED ABOUT 49 YEARS,
OCCUPATION: NOTHING, R/O: 08, VIVEK NAGAR,
NIGAHI MOJECT, GOPANDAS SEEDHI (UTTAR
PRADESH)
2. CHANDRA MANI PRASAD S/O SHRI RAM VILAS
VERMA, AGED ABOUT 50 YEARS, OCCUPATION:
NOTHING, R/O: 08, VIVEK NAGAR, NIGAHI
MOJECT, GOPANDAS SEEDHI (UTTAR PRADESH)
.....APPELLANTS
(BY SHRI GAUTAM GUPTA - ADVOCATE FOR THE APPELLANTS)
AND
1. AMRITPAL S/O SHRI AVTAR SINGH, AGED ABOUT
ADULT, OCCUPATION: OWNER, R/O:
KHERKIDOLA, GURGAON HARYANA (HARYANA)
(OWNER OF OFFENDING VEHICLE NO.HR-55-T-
1911)
2. ALI SHERKHAN, AGED ABOUT 42 YEARS,
OCCUPATION: DRIVER, R/O: RANSIKA, TEHSIL
HAATHIN, DISTRICT PALLAMWAL, HARYANA
(HARYANA) (DRIVER OF OFFENDING VEHICLE
NO.HR-55-T-1911)
3. ORIENTAL INSURANCE CORPORATION LIMITED
THROUGH MANAGER, ADDRESS: 4TH FLOOR,
INDORE DEVELOPMENT AUTHORITY BHAWAN,
RACE COURSE ROAD, INDORE (INSURANCE
COMPANY OF OFFENDING VEHICLE NO.HR-55-T-
1911) (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AKSHANSH MEHRA - ADVOCATE FOR THE RESPONDENT NO.3)
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 09-08-2023
15:00:38
2
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 27.09.2022 passed by the learned Member, Motor Accident Claims Tribunal, Indore in Claim Case No.3034/2016 on account of adequacy of compensation and seeking enhancement of compensation.
2 . Date of accident, negligence and issue of liability is not in dispute, however, the finding recorded by the Claims Tribunal in this regard is not in question. As per the finding of the Tribunal, in case of death of Sumitra Kumari, accepting earning of Rs.11,430/- pm, the Tribunal awarded total compensation of Rs.18,49,216/- with interest.
3. Learned counsel for the appellant contended that the compensation as awarded by the Claims Tribunal accepting earning of the deceased as Rs.11,430/- per month is inadequate looking to the fact that she was working in a private sector and was earning Rs.13,000/- per month, however, accepting earning of Rs.12,200/- per month adequate compensation must be awarded, therefore, the award of the Tribunal deserves to be set aside and prays for enhancement of the amount of compensation.
4. On the other hand, learned counsel for the Insurance Company contended that that the Claims Tribunal has rightly awarded the compensation and argued in support of the findings recorded by the Tribunal.
5. After hearing the learned counsel for the parties and on perusal of the record in the considered opinion of this Court just an proper amount of income of the deceased in the present case would be Rs.12,200/- per month. Accordingly after deducting 1/2 of the amount of personal expenses and Signature Not Verified Signed by: REENA JOSEPH Signing time: 09-08-2023 15:00:38 3 applying the appropriate multiplier, loss of dependency comes to Rs. 18,44,640/-. Break up of same is as under:
1. Loss of dependency (12,200 40% (-)1/2 x18 x12) 18,44,640/-
2. Funeral and Loss of Consortium 1,21,000/-
-----------------
Total amount Rs.19,65,640/-
Thus, the amount of compensation is enhanced from Rs.18,49,216/- to Rs.19,65,640/-. Accordingly, the enhanced amount of compensation comes to Rs.1,16,424/- over and above the amount awarded by the Tribunal which will carry interest as fixed by the Tribunal from the date of filing the claim petition till its realization. Rest of the award passed by the Tribunal is kept intact. So, appeal is partly allowed and disposed off.
C.C.as per rules.
(HIRDESH) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 09-08-2023 15:00:38