Madhya Pradesh High Court
Sanvliya vs Chhotulal on 26 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:23813
1 MA-1906-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
ON THE 26th OF AUGUST, 2025
MISC. APPEAL No. 1906 of 2019
SANVLIYA AND OTHERS
Versus
CHHOTULAL AND OTHERS
Appearance:
Shri Vishal Sharma, Advocate appearing on behalf of Shri Avinash
Yadav, learned counsel for the appellants.
Shri Bhaskar Agrawal, Advocate with Shri Pradip Kumar Gupta,
learned counsel for the respondent No.3 / Insurance Company.
ORDER
The appellants have filed this Misc. Appeal under Section 173(1) of Motor Vehicles Act, 1988 being aggrieved by the award dated 07.12.2018 passed by the I Additional Member, Motor Accident Claims Tribunal, Rajgarh (Biora) (M.P.) in Claim Case No.24/2018, challenging the quantum of compensation.
2. The liability of the Insurance Company and the fact of death due the accident are not in dispute.
3. The short facts of the case are that on 30.04.2017, Biddubai was crossing the road in front of her home at around 2.30 PM. At that time, respondent No.1 was driving a truck bearing registration number RJ-17-GA- 4270 in a rash and negligent manner and hit Biddubai, as a result of which Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-08-2025 13:57:27 NEUTRAL CITATION NO. 2025:MPHC-IND:23813 2 MA-1906-2019 she sustained grievous injuries and died on the spot. An FIR was registered as Crime No.0111/2017 under Sections 279, 337 and 304-A of IPC at Police Station Machalpur.
3.1 The appellants filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation for the death of Biddubai. The Claims Tribunal, after considering the fact that the deceased girl was 7 years old, assessed her income at Rs.15,000/- per annum on a notional basis. After deducting 1/3rd towards personal expenses and applying a multiplier of 20, the Tribunal awarded Rs. 2,80,000/- under the head of loss of dependency. After granting additional amounts under other heads, a total amount of compensation of Rs.3,10,000/- was awarded.
4. Learned counsel for the appellants submits that, in view of the law laid down by the Hon'ble Apex Court in the case of Kishan Gopal and Another vs. Lala and Others in (2014) 1 SCC 244 and Meena Devi vs. Nanu Chand Mahto in (2023) 1 SCC 204 , the notional income of Rs.15,000/- per annum is not just and proper. He further submits that the income of the deceased girl should have been taken at Rs.30,000/- per annum. It is also submitted that no amount has been awarded under the head of consortium, although the claimants are the mother, father and brother of the deceased. Thus, he prays for enhancement of the compensation accordingly.
5. Per contra, learned counsel for respondent No.3 / Insurance Company submits that, in view of the law laid down in the case of Manju Devi vs. Musafir Paswan in 2005 ACJ 99 (SC) , the learned Tribunal has correctly assessed the income on a notional basis at Rs.15,000/- per annum.
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-08-2025 13:57:27NEUTRAL CITATION NO. 2025:MPHC-IND:23813 3 MA-1906-2019 He further submits that the Claims Tribunal has applied a multiplier of 20 without any basis. The Claims Tribunal has not provided any reasoning for applying the multiplier of 20. He also submits that the deduction for personal expenses should have been 50% and not 1/3rd as applied by the Tribunal. Accordingly, he prays for dismissal of the appeal.
6. Heard learned counsel for the respective parties and perused the record.
7. The accident occurred on 30.04.2017. The Hon'ble Apex Court, in the case of Kishan Gopal and Another (Supra), where the accident took place in the year 1992, had considered the notional income at Rs.15,000/- per annum. As such, while determining the notional income of a minor, the Court must take into account the efflux of time and adjust the income accordingly.
8. In the fitness of things and looking to ratio of the law laid down by the Hon'ble Supreme Court in the case of Thangavel and Ors. vs. The Managing Director, Tamil Nadu State Transport Corporation Limited in Civil Appeal No.3595/2024 vide order dated 08.08.2025 and considering all the above argued aspects, this Court is of the considered view that if a lump sum amount of Rs.5,00,000/- is awarded to the appellants then the same would constitute just and proper compensation in the present case.
9. Accordingly, it is hereby directed that the Insurance Company shall pay an amount of Rs.5,00,000/- to the appellants as a lump sum inclusive of the amount already awarded by the Claims Tribunal. This amount shall carry interest at the rate of 6% per annum from the date of filing of the claim Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-08-2025 13:57:27 NEUTRAL CITATION NO. 2025:MPHC-IND:23813 4 MA-1906-2019 application before the Tribunal.
10. The appeal stands allowed and disposed off in above terms. Certified copy as per rules.
(PAVAN KUMAR DWIVEDI) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 28-08-2025 13:57:27