Madhya Pradesh High Court
Angad Kol vs Balkishan Kachhi on 9 January, 2024
Author: Amar Nath Kesharwani
Bench: Amar Nath Kesharwani
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 9th OF JANUARY, 2024
MISC. APPEAL No. 922 of 2022
BETWEEN:-
1. ANGAD KOL S/O SUDDHU KOL, AGED ABOUT
45 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE BHADORA NO.1 WARD NO.9 P.S. BADWARA
KATNI DISTRICT KATNI (MADHYA PRADESH)
2. KANHAIYALAL KOL S/O ANGAD KOL, AGED
ABOUT 23 YEARS, OCCUPATION: UNEMPLOYED R/O
VILLAGE BHADORA NO.1 WARD NO. 9, P.S.
BADWARA, KATNI DISTRICT- KATNI (MADHYA
PRADESH)
3. SALONI KOL D/O ANGAD KOL, AGED ABOUT 15
YEARS, OCCUPATION: STUDENT, MINOR THROUGH
NATURAL GUARDIAN FATHER ANGAD KOL,
APPELLANT NO.1 R/O VILLAGE BHADORA NO.1
WARD NO. 9, P.S. BADWARA, KATNI DISTRICT- KATNI
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI SHARAD GUPTA - ADVOCATE )
AND
1. BALKISHAN KACHHI S/O TARACHNAD
KACHHI, AGED ABOUT 25 YEARS, OCCUPATION:
DRIVER R/O VILLAGE KANHWARA P.S.
VIJAYRAGHOGARH DISTRICT KATNI (MADHYA
PRADESH)
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 18-01-2024
10:30:55
2
2. SANDIP DUBEY S/O RAJKUMAR DUBEY, AGED
ABOUT 40 YEARS, OCCUPATION: NILL R/O RAILWAY
CROSSING, SIVNAGAR, GARHA, JABALPUR
(MADHYA PRADESH)
3. THE NATIONAL INSURANCE CO. LTD.
THROUGH BRANCH MANAGER 792-793. JABALPUR
ROAD, NEHARU WARD, BARGAON, KATNI (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI V.K. TRIVEDI - ADVOCATE FOR RESPONDENT NO.3)
....................................................................................................
This appeal coming on for admission this day, the court passed the following:
ORDER
Heard on admission.
Admitted.
With the consent of learned counsel for parties, heard finally.
This is an appeal filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 against the award dated 08/10/2021 passed by Motor Accident Claims Tribunal, Katni in MACC No.189/2020. By the impugned award, the learned Claims Tribunal awarded a total sum of Rs.9,70,000/- (Nine lakhs seventy thousand) with interest @ 6% per annum to the appellants/claimants for the death of Smt. Rani Bai aged about 40 years, who died in motor vehicle accident. According to claimants i.e. appellants herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, needs to be enhanced.
Signature Not Verified Signed by: ANURAG SONI Signing time: 18-01-2024 10:30:55 32. Since, this Appeal is for the enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned Claims Tribunal on facts and evidence adduced, is made out and if so to what extent?
3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of appellants/claimants by the Tribunal. Secondly, the findings though recorded in claimants' favour are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of filing an appeal or cross-objection. In this view of the matter, there is no justification to burden this order by detailing facts on all these issues.
4. Learned counsel for the appellants submits that in a motor accident which took place on 08/12/2019 one Smt. Rani Bai aged about 40 years died leaving behind her husband and two children. As the deceased was an unskilled labourer, therefore, learned Tribunal assessed the income of deceased @ Rs.6,000/- per month. Keeping in view the number of dependents, learned tribunal deducted 1/3rd towards personal expenses. For the purpose of computation the amount of loss of dependency, learned tribunal added 25% towards future loss of income and keeping in view the age of deceased also applied the multiplier of 15 and awarded a sum of Rs.9,00,000/- (Nine lakhs) towards loss of dependency. Learned tribunal also awarded a sum of Rs.15,000/- towards funeral expenses, a Signature Not Verified Signed by: ANURAG SONI Signing time: 18-01-2024 10:30:55 4 sum of Rs.40,000/- towards loss of consortium and Rs.15,000/- towards loss of love and affection.
5. Learned counsel for the appellants submitted that the learned Tribunal committed error in assessing the income of the deceased @ Rs.72,000/- (Seventy two thousand) per annum in the year 2019, as per collector guideline monthly income for an unskilled labour in the year 2019 was Rs.7,700/- (Seven thousand seven hundred) per month. It is also submitted that under the head of consortium for children, the tribunal has not awarded any amount, which should have been awarded. Accordingly, it is prayed that the appeal be allowed and amount of compensation be enhanced substantially.
6. Learned counsel for the respondents submits that the amount awarded by the learned Tribunal is just and proper and no case for enhancement is made out. It is prayed that the appeal be dismissed.
7. I have heard the learned counsel for the parties and perused the record.
8. It is undisputed fact in the case that the deceased was an unskilled labourer. As per collector guideline monthly income for an unskilled labour in the year 2019 was Rs.7,700/- (Seven thousand seven hundred) per month. So, the monthly income of the deceased should be taken into consideration as Rs.7,700/- (Seven thousand seven hundred) per month.
9. Learned tribunal has not awarded any amount for loss of parental consortium to the children of the deceased i.e. appellants Nos.2 & 3, which should be awarded in the light of the principle laid down in the case of Janabai wd/o Dinkarrao Ghorpade vs. ICICI Lombord Insurance Company Ltd. (2022) 10 SCC 512 and Magma General Insurance Company Ltd. vs. Nanu Ram @ Chuhru Ram & ors. (2018) 18 SCC 130.
Signature Not Verified Signed by: ANURAG SONI Signing time: 18-01-2024 10:30:55 510. Considering the monthly income of the deceased @ Rs.7,700/- per month and as per the principle laid down in the case of National Insurance Company Ltd. vs. Pranay Sethi & ors (2017) 16 SCC 680, 25% of the assessed income is to be added towards future prospect, which comes to Rs.9,625/- (Nine thousand six hundred twenty five). 1/3rd is to be deducted towards personal expenses of the deceased, which comes to Rs.6,417/-. Thus, yearly income will comes to Rs.77,004/- and thereafter multiplier of 15 will be applied for the purpose of computation of amount towards loss of dependency, which comes to Rs.11,55,060/- (Eleven lakhs fifty five thousand sixty).
11. In view of above discussion, appellants/claimants shall be entitled for the following amount of compensation :-
Sr.No. Head Compensation
1 Loss of dependency Rs.11,55,060/-
2 Loss of estate Rs.15,000/-
3 Consortium for husband Rs.40,000/-
4 Parental consortium for two children Rs.80,000/-
(40000 x 2)
5 Funeral expenses Rs.15,000/-
Total Rs.13,05,060/-
Rounded off Rs.13,05,000/-
12. Thus, appeal filed by the appellants/claimants is allowed. The appellants/claimants will be entitled for a total sum of Rs.13,05,000/- (Thirteen lakhs five thousand) instead of Rs.9,70,000/- (Nine lakhs seventy thousand). Thus, there shall be enhancement to the tune of Rs.3,35,000/- (Three lakhs thirty five thousand), which shall fetch interest @ 6% per annum from the date of filing of claim petition till the Signature Not Verified Signed by: ANURAG SONI Signing time: 18-01-2024 10:30:55 6 date of actual payment. Other terms and condition of the award shall remain intact.
13. It is pertinent to mention here that the appellants have valued the appeal as Rs.1,50,000/- (One lakh fifty thousand) and paid the Court fee as per valuation, therefore, appellants are directed to pay the Court fee on additional amount of Rs.1,85,000/- (One lakh eighty five thousand) also within a period of 30 days from the date of receipt of certified copy of this order. If the Court fee is not paid within the stipulated period, then this order will be restricted only up to the amount of Rs.1,50,000/- (One lakh fifty thousand).
14. With the aforesaid, appeal stands disposed of.
15. Records of the claims Tribunal be sent back alongwith the copy of this order for information and necessary compliance.
No order as to costs.
(AMAR NATH (KESHARWANI)) JUDGE as.
Signature Not Verified Signed by: ANURAG SONI Signing time: 18-01-2024 10:30:55