Madhya Pradesh High Court
Smt Krishna Bai vs Rakesh on 12 January, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 12th OF JANUARY, 2024
MISC. APPEAL No. 1992 of 2017
BETWEEN:-
SMT KRISHNA BAI W/O LATE
BABULAL, AGED ABOUT 40
YEARS, R/O. GRAM
KHAMKHEDA (BAIJNATH)
ASTA SEHORE M.P. ALL
PRESENTLY R/O. GRAM
BHAISAKHEDI, DISTT.
BHOPAL M.P. (MADHYA
PRADESH)
MASTER GOLU S/O LATE
BABULAL, AGED ABOUT 18
YEARS, GRAM BHAISAKHEDI
DISTT. BHOPAL (MADHYA
PRADESH)
MASTER RAHUL S/O LATE
BABULAL, AGED ABOUT 16
YEARS, GRAM BHAISAKHEDI
DISTT. BHOPAL (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI NITIN GUPTA - ADVOCATE )
AND
RAKESH S/O SHRI MOTILAL
R/O. GRAM KHAMKHEDA
(BAIJNATH) TEH. ASTA DISTT.
SEHORE (M.P.) (MADHYA
PRADESH)
ANIL KUMAR VERMA S/O
RANCHOD VERMA H. NO. 129
VILLA TITARIA POST SEVADA
TEH. ASTA DISTT. SEHORA
(MADHYA PRADESH)
THR. DIVISIONAL MANAGER
THE NATIONAL INSURANCE
CO. LTD. SEVANI TOWER
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 1/19/2024
11:58:37 AM
ZONE -2 NAGAR BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI N.S.RUPRAH - ADVOCATE FOR RESPONDENT NO.3)
MISC. APPEAL No. 1877 of 2016
BETWEEN:-
NATIONAL INSURANCE
COMPANY THROUGH
DIVISONAL MANAGER SEVANI
TOWER ZONEII M.P. NAGAR
BHOPAL THROUGH
ADMINISTRATIVE OFFICER,
DIVISIONAL OFFICE NO.1, 495
MARHATAL , JABALPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI N.S.RUPRAH - ADVOCATE)
AND
VISHNU PRASAD S/O GAURI
SHANKAR, AGED ABOUT 28
YEARS, VILL. KHAMKHEDA
ASTA SEHORE
LPRESENTLY RESIDING
VILL BHAISAKHEDI,
BHOPAL (MADHYA
PRADESH)
RAKESH S/O MOTILAL
VILLAGE KHAMKHEDA
BAIJNTAH ASTA DISTT.
(MADHYA PRADESH)
ANIL KUMAR VERMA S/O
RANCHHOD VARMA H.NO.
129 VILLA. TITARIA PO
SEVADA TEH. ASTA DISTT.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI NITIN GUPTA - ADVOCATE )
MISC. APPEAL No. 1878 of 2016
BETWEEN:-
NATIONAL INSURANCE
COMPANY LTD. THROUGH
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 1/19/2024
11:58:37 AM
DIVISONAL MANAGER SEVANI
TOWER, ZONE-II M.P. NAGER,
BHOPAL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI N.S.RUPRAH - ADVOCATE )
AND
SMT. KRISHNA BAI W/O
LATE BABULAL, AGED
ABOUT 40 YEARS, R/O
VILLAGE KHAMKHEDA
(BAIJNATH) ASTA SEHORE
PRESENTLY RESIDING AT
VILLAGE BHAISAKHEDI
DISTT BHOPAL (MADHYA
PRADESH)
MASTER GOLU S/O LATE
BABULAL, AGED ABOUT 18
YEARS, OCCUPATION:
MINOR THROUGH
MOTHER AND NATURAL
GURARDIAN SMT KRISHNA
BAI KHAMKHEDA
(BAIJNATH ASTA SEHORE )
PERSENTLY R.O VILL.
BHALISAKHEDI DIST.
BHOPAL (MADHYA
PRADESH)
MASTER RAHUL S/O LATE
BABULAL, AGED ABOUT 16
YEARS, OCCUPATION:
MINOR THROUGH
MOTHER AND NATURAL
GURARDIAN SMT KRISHNA
BAI KHAMKHEDA
(BAIJNATH ASTA SEHORE )
PERSENTLY R.O VILL.
BHALISAKHEDI DIST.
BHOPAL (MADHYA
PRADESH)
RAKESH S/O MOTILAL
OCCUPATION: DRIVER OF
BOLERO PICK UP VAN
KHAMKHEDA, (BAIJNATH)
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 1/19/2024
11:58:37 AM
ASTA DIST. SEHORE
(MADHYA PRADESH)
ANIL KUMAR VERMA S/O
RANCHHOD VERMA 129,
VILLA TITARIA, P O
SEVADA TEH. ASTA, DIST.
SEHORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI NITIN GUPTA - ADVOCATE)
This appeal coming on for order this day, the court passed the following:
ORDER
This common order shall govern the disposal of Misc. Appeal No.1992 of 2017 (Smt.Krishna Bai & Othes Vs. Rakesh and Others), Misc. Appeal No.1887 of 2016 (National Insurance Co.Ltd. Vs.Vishnu Prasad) and MA No.1878 of 2016(National Insurance Co.Ltd. Vs.Smt.Krishna Bai & Others) arising out of common award dated 30.04.2016 passed in MACC No.1061/2015 and 1059/2015 passed by 15th Additional M.A.C.T, Bhopal.
2. MA No.1992/2017 has been filed by appellants/claimants for enhancement of compensation whereas MA No.1877/2016 and MA No.1878/2016 have been filed by appellant/Insurance Company on the ground that learned Tribunal has wrongly applied principle pay and recover.
3. Learned counsel for the appellants in MA No.1992/2017 submits that Tribunal has awarded Rs.1,25,000/- for consortium as well as other conventional heads Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 1/19/2024 11:58:37 AM whereas it should have been awarded Rs.1,50,000/-. It is also urged that Tribunal has rightly applied principle of pay and recover. Hence appeal filed by the appellant be allowed and appeal filed by Insurance Company be dismissed.
4. Learned counsel for the appellant/Insurance Company in MA No.1877/2016 and MA No.1878/206, after relying on Smt.Leela Bai Vs. Maan Singh, 2012 SCC Online M.P.3687, National Insurance Co.Ltd. Vs. Parvath Neni, (2009)8 SCC 785 and National Insurance Co. Ltd. Vs.Saju Paul, 2013 (2) SCC 41, submits that Tribunal has wrongly applied principle of pay and recover as Apex Court has applied above principle under Article 142 of Constitution of India. Hence, Tribunal cannot apply principle of pay and recover. Further, it is also urged that compensation awarded by the Tribunal is proper, no enhancement is required. Hence, appeal filed by the Insurance Company be allowed and company be exonerated from liability to pay the compensation and appeal filed by the claimant be dismissed.
5. I have heard learned counsel for the parties and perused the record of the case. MA NO.1992 OF 2017 (Smt.Krishna Bai and Otheres Vs. Rekesh & Others)
6. Perusal of para No.39 of impugned judgment reveals that Tribunal has awarded Rs.1,00,000/- for consortium to appellant No.1 and Rs.25,000/- for funeral Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 1/19/2024 11:58:37 AM expenses on the basis of law laid down in Rajesh and others Vs. Rajveer and Others, 2013(9) SCC 54.
7. Admittedly, appellants are wife and son of deceased, therefore, as per law laid down in the case of National Insurance Company Ltd. Vs. Pranay Sethi, AIR 2017 SC 5157, appellants are entitled to receive Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses. Further in view of law laid down in the case of United India Insurance Company Ltd. Vs. Satinder Kaur Alias Satwinder kaur and Others, 2021 (11) SCC 780 (Three Bench Judges) each appellants are entitled to receive Rs.40,000/- as spousal/filial consortium.
8. In view of above discussion, appellants are entitled to receive total compensation of Rs.7,04,940/- (Rs.5,54,940 + Rs.1,20,000 + 30,000/-). Thus appellants are entitled to receive enhanced compensation of Rs.25,000/- (Rs.7,04,940/ - Rs.6,79,940/-)
9. Enhanced amount shall carry interest at the rate awarded by the Tribunal. Remaining findings of Tribunal shall remain intact. MA.NO.1878/2016 (National Insurance Company Ltd. Vs. Smt.Krishna and Others) and MA NO.1877 OF 2016(National Insurance Company Ltd. Vs. Vishnu Prasad and Others) Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 1/19/2024 11:58:37 AM
10. Learned counsel for the appellant/Insurance Company has submitted that Tribunal has wrongly applied principle of pay and recover in the instant case. With respect to above submission, learned counsel for the appellant has relied upon Smt.Leela Bai(supra), Parvath Neni (supra) and Saju Paul (supra).
11. In view of law laid down by Hon'ble Apex Court in the case of Shamanna and Others Vs. Divisional Manager, Oriental Insurance Company Limited and Others, (2018) 9 SCC 650, it cannot be said that Hon'ble Apex Court has applied principle of pay and recover under Article 142 of Constitution of India and Tribunal cannot apply principle of pay and recover. Further, Tribunal has treated deceased as third party and this finding of tribunal has not been challenged in present appeal.
12. I have gone through para-26 to 31 of impugned award and findings recorded by tribunal therein cannot be said to be perverse or against evidence.
13. In view of discussion in the foregoing paras, it cannot be said that Tribunal has wrongly applied principle of pay and recover. Hence appeal filed by the appellant/Insurance company is dismissed.
CONCLUSION:-
Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 1/19/2024 11:58:37 AM
14. In view of discussion in the foregoing paras, MA No.1992/2017 is partly allowed to the extent indicated herein above whereas MA No.1877 of 2016 and MA No.1878 of 2016 are hereby dismissed.
(ACHAL KUMAR PALIWAL) JUDGE sm Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 1/19/2024 11:58:37 AM