Madhya Pradesh High Court
Smt Kiran Chourasia vs Ajay Kumar on 3 September, 2022
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 3rd OF SEPTEMBER, 2022
MISC. APPEAL No. 2085 of 2020
Between:-
UNITED INDIA INSURANCE CO.LTD. THR
BRANCH MANAGER OFFICE JHANSI ROAD TEH
AND DISTT. CHHATARPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI DEEP GUPTA - ADVOCATE)
AND
1. SMT. KIRAN CHAURASIYA W/O SHRI RAJEEV
CHAURASIYA, AGED ABOUT 47 YEARS, R/O.
NARAYANPURA ROAD KRISHNA COLONY
STREET NO. 1 WARD NO. 1 TEHSIL AND DISTT.
CHHATARPUR (MADHYA PRADESH)
2. RAJEEV CHAURASIYA S/O DR. HIRALAL
C H A R A S I Y R/O. NARAYANPURA ROAD
KRISHNA COLONY STREET NO. 1 WARD NO. 1
TEHSIL AND DISTT. CHHATARPUR (MADHYA
PRADESH)
3. AJAY KUMAR S/O SHRI JAMNA PRASAD
AHIRWAR 1117 NEPIER TOWN JABALPUR AT
PRESENT R/O INFRONT OF OLD MAKRONIYA
PARADE GROUND P.S PADMAKAR SAGAR,
TAHSIL AND DISTRICT SAGAR (MADHYA
PRADESH)
4. DALCHANDRA SAHU S/O SHRI RAMDAYAL
S A H U 214 VILLAGE SATTADHANA POST
SEVADHANA SAGAR, TAHSIL AND DISTRICT
SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIJAY KUMAR PANDEY - RESPONDENTS NO. 1 AND 2,
Signature Not Verified NONE FOR RESPONDENTS NO. 3 AND 4)
SAN
Digitally signed by ASHWANI PRAJAPATI
MISC. APPEAL No. 6491 of 2019
Date: 2022.09.03 19:16:03 IST
2
Between:-
1. SMT KIRAN CHOURASIA W/O RAJEEV
CHOURASIA, AGED ABOUT 47 YEARS,
NARAYANPURA ROAD KRISHNA COLONY GALI
NO 1 WARD NO 1, TEHSIL AND DISTRICT
CHHATARPUR (MADHYA PRADESH)
2. RAJEEV CHOURASIA S/O DR. HIRALAL
CHOURASIA, AGED ABOUT 49 YEARS,
NARAYANPURA ROAD KRISHNA COLONY GALI
NO. 1 WARD NO. 1 TEHSIL AND DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI VIJAY K. PANDEY - ADVOCATE)
AND
1. AJAY KUMAR S/O JAMNA PRASAD AHIRWAR
1117 NEPIOR TOWN JABALPUR PRESENT
ADDRESS PURANI MAKRONIYA IN FRONT OF
PARED GROUND THANA PADMAKER SAGAR,
TAHSIL AND DISTRICT SAGAR (MADHYA
PRADESH)
2. DALCHANDRA SAHU S/O RAMDAYAL SAHU 214
VILLAGE SATTADHANA POST SEVADHANA
SAGAR, TEHSIL AND DISTRICT SAGAR
(MADHYA PRADESH)
3. UNITED INDIA INSURANCE COMPANY
THROUGH BRANCH MANAGER BRANCH
OFFICE JHANSI ROAD TEHSIL AND DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI DEEP GUPTA - ADVOCATE FOR THE RESPONDENT NO.3)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
These appeals are filed by the Insurance Company and Claimants, respectively, under Section 173(1) of the Motor Vehicles Act, 1988, being Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.03 19:16:03 IST aggrieved of award dated 14.08.2019, passed by learned VI Addl. Motor 3 Accident Claims Tribunal, District Chhatarpur (M.P.), in M.V.C.No.79/2018, on the ground that only on the basis of a certificate issued by Shubham Maternity Surgical and Family Welfare Centre Hospital, Chhatarpur, income of the deceased is considered at Rs.18,000/- (Rupees Eighteen Thousand) per month and computation of compensation is made accordingly.
2. It is submitted by Shri Gupta, that excessive amount has been awarded by learned Claims Tribunal. Therefore, these appeals.
3. When Shri Gupta is asked to read from the cross-examination of the Director of Shubham Maternity Surgical and Family Welfare Centre Hospital, Chhatarpur, namely, Gajendra Kumar Chourasiya, then he informs that Company has not provided him copy of examination in Chief and Cross- examination.
4. However, on perusal of cross-examination of this witness PW/3, which was carried out at the instance of the counsel for the Insurance Company, namely, Shri Ramesh Patel, it is evident that there is no challenge to the testimony of Gajendra Kumar Chourasiya, that he has either prepared a false register or issued a false and fabricated certificate, showing income of the deceased to be Rs.18,000/- (Rupees Eighteen Thousand) per month. On the contrary, photocopy of the salary register is available on record starting from month of August 2017 to November 2017, showing salary of the deceased to be Rs.18,000/- (Rupees Eighteen Thousand) per month.
5. Ex.A/3 is the Degree of Bachelor of Engineering in Civil Engineering Branch, issued by Pt. Dev Prabhakar Shastri, issued by Rajeev Gandhi Prodhyogiki Vishwa Vidhyalaya, Bhopal, certifying that deceased had passed Signature Not Verified SAN Bachelor of Engineer in Civil Engineering Branch int he year 2014. Therefore, Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.03 19:16:03 IST when this degree Ex.A/3 is corroborated with certificate Ex.A/4, certifying that 4 Ajay Chourasiya had completed certificate course in AutoCAD in 2015 from Autodesk.Inc.USA, then payment of salary of Rs.18,000/- (Rupees Eighteen Thousand) per month in absence of any rebuttal or challenge to the Director of the hospital in the hands of the counsel for the Insurance Company, cannot be termed to be excessive on the date of the accident, which took place on 09.11.2017.
6. In view of such facts, as far as appeal filed by the Insurance Company is concerned for the fault of their own counsel in not carrying out effective cross- examination of the witness and extract any contradictions in the testimony, no indulgence can be drawn, therefore, appeal on its behalf deserves to fail and is dismissed.
7. As far as appeal filed by the claimants is concerned, learned counsel for the claimants Shri Vijay K. Pandey, submits that future prospects is admissible, but a perusal of the award reveals that 40% future prospects is already taken into consideration and has been awarded in favour of the claimants. Therefore, while making computation, there is no error in making 50% deductions as deceased was Bachelor and applying multiplier of 17 as per the age of the deceased. Therefore, there is no substance in the appeal filed by the claimants for enhancement. Appeal fails and is also dismissed.
(VIVEK AGARWAL) JUDGE A.Praj.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.03 19:16:03 IST