Madhya Pradesh High Court
Ramadhar vs Dadan Prasad Tripathi on 12 May, 2023
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 12 th OF MAY, 2023
MISCELLANEOUS APPEAL No. 2655 of 2007
BETWEEN:-
1. RAMADHAR S/O DUKOUDI MUDAHA, AGED
ABOUT 59 YEARS.
2. SMT. RAMRATI RAMADHAR, AGED ABOUT 52
YEARS.
3. SMT. PREMIYA DEVI W/O LATE HETRAM, AGED
ABOUT 26 YEARS.
4. SHIV KUMAR S/O LATE HETRAM, AGED ABOUT 8
YEARS, THROUGH NATURAL GUARDIAN
MOTHER SMT. PREMIYA DEVI.
ALL R/O VILLAGE LALITPURA, POLICE STATION
TALA, TAHSIL AMARPATAN, DISTRICT SATNA
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI VIVEK BADERIYA - ADVOCATE)
AND
1. DADAN PRASAD TRIPATHI S/O SUGREEV PRASAD
TRIPATHI, AGED ABOUT 62 YEARS, VILLAGE
KHADURI TAHSIL MAJHGANWA, DISTRICT
SATNA (MADHYA PRADESH)
2. THE NATIONAL INSURANCE COMPANY LTD.
BRANCH SATNA (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
Signature Not Verified
SAN
This appeal coming on for admission this day, th e court passed the
Digitally signed by PUSHPENDRA PATEL
following:
Date: 2023.05.13 11:12:27 IST
ORDER
2 As per office note dated 12.09.2022, notices issued to the respondents No.1 and 2, have not been served by RAD but as per website of www.indiapost.gov.in, notices appear to have been delivered to respondents No.1 and 2 on 17.08.2022 and 16.08.2022. Thus, despite service of notice, nobody is appearing for the respondents.
This miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 is filed by the claimants being aggrieved of award dated 11.05.2006 passed by the learned Fifth Additional Motor Accident Claims Tribunal (Fast Track Court), Satna (M.P.) in claim case No.208/2005 ( Ramadhar and others Vs. Dadan Prasad Tripathi and another), whereby application under Section 166 of the Motor Vehicles Act has been allowed and a sum of Rs.1,92,000/- has been awarded against the respondents in a joint and severe manner.
Shri Vivek Baderia, learned counsel for the appellant submits that on the date of the accident i.e. on 05.09.2004 when the deceased Hetram was sitting close to the Nala to answer the call of nature, he was pulverized by the tractor driven by Raghuveer Prasad of village Sabhapur. This tractor was insured with the respondent No.2 - National Insurance Company Ltd.
Recording a finding of fact in this regard, Tribunal answered issue No.1 in affirmative. It also answered issue No.2 that there was no violation of the terms and conditions of the policy. It considered income of the deceased at Rs.15,000/- per annum and passed the impugned award. Claimants are parents, widow and son of deceased Hetram.
On the date of the accident i.e. 05.09.2004, minimum wages even for an unskilled labourer were to the tune of Rs.2,205/- per month or Rs.26,460/- per Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL annum. When 1/3rd is deducted towards the living expenses of the deceased, Date: 2023.05.13 11:12:27 IST net dependency will come out to Rs.17,640/-. Looking to the fact that deceased 3 was 25 years of age, 40% is to be added towards Future Prospects and then, multiplier of 18 will be applicable, taking total pecuniary compensation to Rs.4,44,528/-, over and above which claimants will be entitled to a sum of Rs.70,000/- under the head of Loss of Estate, Loss of Consortium and Funeral Expenses. Besides this, minor child of the deceased will be entitled to a sum of Rs.40,000/- for Loss of Parental Consortium, taking total compensation to Rs.5,54,528/- against a sum of Rs.1,92,000/- awarded by the learned Claims Tribunal.
Thus, there will be enhancement to the tune of Rs.3,62,528/- (Rupees Three Lakhs, Sixty Two Thousand, Five Hundred and Twenty Eight only) to which claimants will be entitled to in addition to the amount awarded by the learned Claims Tribunal.
Though this appeal is pending since 2007 but there was delay of 313 days in filing the appeal. Thereafter, counsel for the appellant took time to cure the default on 09.07.2007. Process fee was directed to be paid on 01.10.2007 but there was default in payment of process fee also as noted by the Registry. Hon'ble Division Bench vide order dated 03.02.2020, allowed an application bearing I.A. No.16205/2019 seeking condonation of delay and restored the miscellaneous appeal, which was dismissed in 2007. Therefore, miscellaneous appeal remained dismissed for 13 years. Thus for the default of the counsel for the appellant, appellants are not entitled for interest till 03.02.2020.
Thus, claimants will be entitled to interest at the rate of 6% per annum from 04.02.2020 till the date of actual payment on the enhanced amount. Other Signature Not Verified SAN terms and conditions of the award shall remain intact.
Digitally signed by PUSHPENDRA PATEL Date: 2023.05.13 11:12:27 ISTIn above terms, this miscellaneous appeal is disposed of.
4Record of the Claims Tribunal be sent back.
(VIVEK AGARWAL) JUDGE pp Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2023.05.13 11:12:27 IST