Madhya Pradesh High Court
Smt. Gaytri Bai @ Babli Bai vs Maan Singh Mewada on 9 November, 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 9th OF NOVEMBER, 2022
MISC. APPEAL No. 4327 of 2019
BETWEEN:-
1. SMT. GAYTRI BAI @ BABLI BAI W/O GHASIRAM
@ GHISILAL, AGED ABOUT 40 YEARS, GRAM
KHAMLAY, TEH. KALAPIPAL, (MADHYA
PRADESH)
2. GHASIRAM @ GHISILAL S/O SHRI MAKHAN
SINGH, AGED ABOUT 45 YEARS, GRAM
KHAMLAY, TEH. KALAPIPAL, (MADHYA
PRADESH)
3. DEEPESH CHANDRAVANSI S/O GHASIRAM @
GHISILAL, AGED ABOUT 20 YEARS, GRAM
KHAMLAY, TEH. KALAPIPAL, (MADHYA
PRADESH)
4. KU. PRIYANKA CHANDRAVANSI D/O
GHASIRAM @ GHISILAL, AGED ABOUT 18
YEAR S , GRAM KHAMLAY, TEH. KALAPIPAL,
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI NITIN GUPTA, ADVOCATE)
AND
1. MAAN SINGH MEWADA S/O FATEH SINGH
M E WA D A GRAM BIKISHGANJ SEHORE
(MADHYA PRADESH)
2. NATIONAL INSURANCE CO.LTD. THROUGH
DIVISIONAL MANAGER DIVISIONAL OFFICE
NO. 1 71 SEVANI TOWER ZONE NO. 2 MP NAGAR
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified (RESPONDENT NO.1 BY SHRI ANURAG GOHIL, ADVOCATE)
(RESPONDENT NO.2 BY MS.ANJALI BANERJEE, ADVOCATE)
SAN
Digitally signed by AMIT JAIN
Date: 2022.11.10 12:20:56 IST
Th is appeal coming on for hearing this day, t h e court passed the
2
following:
ORDER
Shri Nitin Gupta, Advocate for appellants.
Shri Anurag Gohil, Advocate for respondent No.1.
On the request of this Court, Ms.Anjali Banerjee, learned counsel accepts notice on behalf of the respondent No.2.
Heard on I.A.No.9735/2019, which is an application seeking condonation of 173 days delay in filing of this Miscellenous Appeal.
For the reasons stated in the application, I.A.No.9735/2019 is allowed and the delay of 173 days in filing of this Miscellaneous Appeal is condoned.
Shri Nitin Gupta, learned counsel for the appellants/claimants is limiting his prayer to award of non-pecuniary compensation under the head of loss of love and affection on account of the death of son of the appellant Nos.1&2/claimant Nos.1&2 and the brother of appellant Nos.3&4/claimant Nos.3&4 in terms of the law laid down by Hon'ble the Supreme Court in Magma General Insurance Company Limited versus Nanu Ram Alias Chuhru Ram (2018) 18 SCC 130 and United India Insurance Company Limited versus Satinder Kaur @ Katwinder Kaur (2020 SCC Online SC
410) and Nanuram.
Pryer is opposed by Shri Anurag Gohil and Ms.Anjali Banerjee, learned counsel appearing for respondent No.1 and respondent No.2 respectively.
After taking into consideration the law laid down by Hon'ble the Supreme Court in Magma General Insurance Company Limited versus Nanu Ram Alias Chuhru Ram (supra) and United India Insurance Company Limited Signature Not Verified SAN versus Satinder Kaur @ Katwinder Kaur (supra), the parents of the Digitally signed by AMIT JAIN Date: 2022.11.10 12:20:56 IST deceased i.e. appellant Nos.1&2/claimant Nos.1&2 are entitled to a sum of 3 Rs.40,000/- each under the head of loss of love and affection of their child and the appellant Nos.3&4/claimant Nos.3&4 are entitled to a sum of Rs.40,000/- each for the loss of brotherly affection of their brother Rupesh Chandrawanshi. Thus, there will be enhancement to the tune of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand Only), which will earn interest @ 6 % per annum from the date of filing of the claim petition till the date of actual payment but, however, the appellants/claimants will not be entitled to claim interest for the period of delay of 173 days in filing of this Miscellaneous Appeal. The other terms and conditions of the award shall remain intact.
In above terms, this Miscellaneous Appeal is disposed of.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2022.11.10 12:20:56 IST