Madhya Pradesh High Court
The Oriental Insurance Company Ltd vs Smt. Minnal Kudi on 23 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 23 rd OF JANUARY, 2023
MISC. APPEAL No. 3536 of 2010
BETWEEN:-
1. SMT. MINNAL KUDI W/O LATE SHRI KUPPU
SWAMI @ RAJU, AGED ABOUT 40 YEARS, H. NO.
320, F- SECTOR PADMNABH NAGAR BAJRANG
MARKET BARKHEDA, BHOPAL M.P. (MADHYA
PRADESH)
2. K.KUMAR S/O LATE KUPPU SWAMI ALIAS RAJU,
AGED ABOUT 21 YEARS, H.NO.302, F-SECTOR,
PADMNABH NAGAR, BAJRANG MARKET,
BARKHEDA, BHOPAL (MADHYA PRADESH)
3. KU.K.PRIYA D/O LATE KUPPU SWAMI ALIAS RAJU,
AGED ABOUT 19 YEARS, H.NO.320, F SECTOR,
PADMANABH NAGAR, BAJRANG MARKET
BARKHEDA, BHOPAL (MADHYA PRADESH)
4. K.SUDHAKAR S/O LATE KUPPU SWAMI ALIAS
RAJU, AGED ABOUT 18 YEARS, H.NO.320, F
SECTOR, PADMANABH NAGAR, BAJRANG
MARKET BARKHEDA, BHOPAL (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI VIVEK BADERIYA - ADVOCATE)
AND
1. SANTRAM MEENA S/O KIRAN SINGH MEENA H.
NO. 108, SHANKAR NAGAR MAIN ROAD
BARKHEDA PATHANI BHEL DISTT. BHOPAL M.P
(MADHYA PRADESH)
2. BRANCH MANAGER ORIENTAL INSURANCE
COMPANY LIMITED 102-103, KALACHAND
MENSION BERASIA ROAD, DISTT.BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
1/23/2023 7:27:25 PM
2
(INSURANCE COMPANY BY SHRI RAKESH JAIN - ADVOCATE)
MISC. APPEAL No. 2806 of 2010
BETWEEN:-
THE ORIENTAL INSURANCE COMPANY LTD THROUGH
DIVISIONAL MANAGER DIVISIONAL OFFICE 102-103
KALACHAND MANSION BERASIYA ROAD (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI RAKESH JAIN - ADVOCATE)
AND
1. SMT. MINNAL KUDI W/O LATE KUPPU SWAMI @
RAJU, AGED ABOUT 40 YEARS, H NO 320 F
SECTOR PADMANABH NAGAR BAJRANG
MARKET BARKHEDA (MADHYA PRADESH)
2. K.KUMAR S/O LATE KUPPU SWAMI ALIAS RAJU,
AGED ABOUT 21 YEARS, H.NO.320, F SECTOR,
PADMANABH NAGAR, BAJRANG MARKET
BARKHEDA, BHOPAL (MADHYA PRADESH)
3. KU.K.PRIYA D/O LATE KUPPU SWAMI ALIAS RAJU,
AGED ABOUT 19 YEARS, H.NO.320, F SECTOR,
PADMANABH NAGAR, BAJRANG MARKET
BARKHEDA, BHOPAL (MADHYA PRADESH)
4. K.SUDHAKAR S/O LATE KUPPU SWAMI ALIAS
RAJU, AGED ABOUT 18 YEARS, H.NO.320, F
SECTOR, PADMANABH NAGAR, BAJRANG
MARKET BARKHEDA, BHOPAL (MADHYA
PRADESH)
5. SMT.MAGAI BAI W/O LATE GOVIND SWAMI,
AGED ABOUT 75 YEARS, H.NO.320, F SECTOR,
PADMANABH NAGAR, BAJRANG MARKET
BARKHEDA, BHOPAL (MADHYA PRADESH)
6. SANTRAM MEENA S/O KIRAN SINGH MEENA
H.NO.108, SHANKARNAGAR, MAIN ROAD,
BARKHEDA, PATHANI, BHEL, BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK BADERIYA - ADVOCATE)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
1/23/2023 7:27:25 PM
3
T h ese appeals coming on for orders this day, th e court passed the
following:
ORDER
Learned counsel for the claimants submits that he has paid Deficit Court Fee of Rs.6,000/- and in support of the said submission, he has filed a copy of Online Court Fee Cyber Receipt, therefore, the Court Fee may be taken on record.
On due consideration, the Deficit Court Fee is taken on record. These appeals have been filed by the Claimants and Insurance Company respectively being aggrieved of award dated 28.4.2010 passed by learned VIII Additional Motor Accident Claims Tribunal, Bhopal in Motor Claim Case No.982/2009.
As far as M.A.No.3536/2010 filed by the Claimants is concerned, they have raised three grounds to assail the impugned award, namely, (1) For an accident, which took place on 27.12.2008, the notional income of the deceased was taken at Rs.100/- per day or Rs.3,000/- per month (2) No future prospect is awarded by the Claims Tribunal and the amount under non-pecuniary head is also insufficient and (3) Multiplier of 11 was applied by the Claims Tribunal whereas taking into consideration the age of the deceased to be 50 years, as per the verdict of Hon'ble the Supreme Court in Smt. Sarla Verma & Others versus Delhi Transport Corporation & Another (2009) 6 SCC 121 , the multiplier should have been 13.
Learned counsel for the Insurance Company submits that the Insurance Company has filed M.A.No.2806/2010 mainly on two grounds, namely, (1) the lack of endorsement to drive a commercial vehicle as the driver of offending vehilce, on the date of the accident, was having a Light Motor Vehicle Licence Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM 4 and (2) False implication.
After hearing learned counsel for the parties and going through the record, it is evident that the first ground raised by the Insurance Company is now answered by Hon'ble the Supreme Court in Mukund Devangan versus Oriental Insurance Company Limited (2017) 14 SCC 663 wherein it is held that mere absence of endorsement to drive a commercial vehicle when admittedly the driver was having licence to drive a Light Motor Vehicle and the accident took place with the Light Motor Vehicle, therefore, the first ground is not made out and secondly the ground of false implication is also not made out as is evident from the record.
Accordingly, M.A.No.2806/2010 filed by the Appellant/Oriental Insurance Company Limited fails and is dismissed.
As far as M.A.No.3536/2010 filed by the Claimants is concerned, the minimum wages even for an Unskilled Labourer on the date of the accent were to the tune of Rs.3,295/- per month or Rs.39,540/- per annum. The deceased is survived by 5 Legal Heirs, therefore, 1/4rd deduction is to be made towards living expenses of the deceased. Taking the aforesaid fact into consideration that the deceased was 50 years of age, 25% is to be added towards future prospect and the multiplier of 13 will be applicable taking total pecuniary compensation to Rs.4,81,894/- over and above which the claimants are entitled to a sum of Rs.70,000/- under non-pecuniary head. Besides this, the claimants are also entitled to medical expenses as have been reimbursed by leaned Claims Tribunal to the tune of Rs.3,26,000/- taking total compensation to the tune of Rs.8,77,894/- against a sum of Rs.6,38,000/- awarded by the Claims Tribunal. Thus, there will be enhancement to the tune of Rs.2,39,894/- (Rupees Two Lakh Thirty Nine Thousand Eight Hundred Ninety Four Only) to which the Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM 5 claimants will be entitled to in addition to the amount awarded by the Claims Tribunal alongwith interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. The other terms and conditions of the award shall remain intact.
Accordingly, M.A.No.3536/2010 stands disposed of. Let record of the Claims Tribunal be sent back.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 1/23/2023 7:27:25 PM