Madhya Pradesh High Court
Ganesh Kumar vs Shivnarayan on 22 January, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 22nd OF JANUARY, 2024
MISC. APPEAL No. 6274 of 2022
BETWEEN:-
GANESH KUMAR S/O VISHVANATH KARMALI, AGED ABOUT
50 YEARS, OCCUPATION: SERVICE CHOTKI MURRAM,
1. DISTRICT RAMGAD (JHARKHAND) PRESENTLY R/O HOUSE
NO. 342 SHREE SHAKTI NAGAR DHENDRIA ROAD, BHAGANA,
DISTRICT NEEMUCH (MADHYA PRADESH)
SMT. SUMANDEVI W/O GANESH KUMAR KARMALI, AGED
ABOUT 46 YEARS, OCCUPATION: HOUSEWIFE CHOTKI
2. MURRAM, DISTRICT RAMGAD (JHARKHAND) PRESENTLY
R/O HOUSE NO. 342 SHREE SHAKTI NAGAR DHENDRIA
ROAD, BHAGANA, DISTRICT NEEMUCH (MADHYA PRADESH)
AYUSH KUMAR S/O GANESH KUMAR KARMALI, AGED
ABOUT 18 YEARS, OCCUPATION: STUDENT CHOTKI
3. MURRAM, DISTRICT RAMGAD (JHARKHAND) PRESENTLY
R/O HOUSE NO. 342 SHREE SHAKTI NAGAR DHENDRIA
ROAD, BHAGANA, DISTRICT NEEMUCH (MADHYA PRADESH)
.....APPELLANTS
(MS.HARSHITA RANAWAT, ADVOCATE ON BEHALF OF MR.
SATISH JAIN, ADVOCATE FOR APPELLANTS)
AND
SHIVNARAYAN S/O BHAGATRAM GURJAR, AGED ABOUT 34
1. YEARS, OCCUPATION: DRIVER AND AGRICULTURIST
VILLAGE SAVAN, DISTRICT NEEMUCH (MADHYA PRADESH)
BHANVAR SINGH S/O MANOHAR SINGH RAJPUT, AGED
ABOUT 63 YEARS, OCCUPATION: AGRICULTURIST
2.
AMAAVALI MAHAL, DISTRICT NEEMUCH (MADHYA
PRADESH)
.....RESPONDENTS
(MR. VAIBHAV PATEL, ADVOCATE ON BEHALF OF MR. NILESH
DAVE, ADVOCATE FOR RESPONDENTS)
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 24-01-
2024 11:30:28
2
This appeal coming on for orders this day, the court passed
the following:
ORDER
This appeal under Section 173(1) of Motor Vehicles Act, 1988, has been preferred by appellants for enhancement of compensation awarded by Additional Motor Accident Claims Tribunal, Neemuch, in Claim Case No.13 of 2019 vide award dated 01.10.2022.
(2) The date of accident, negligence and the issue of liability is not in dispute, however the finding recorded by the Tribunal in this regard is not in question. As per the findings of the Tribunal in the case of death of Kumari Preeti, the amount of compensation has been allowed accepting the earning of Rs.68,256/- per year, the total compensation is Rs.12,16,708/- with interest 6% per annum.
(3) Counsel for the appellants/claimants contended that the compensation as awarded by the Claims Tribunal is inadequate. He further submits that trial Court has committed error in not granting the compensation under the head of loss of consortium in view of the Hon'ble Apex Court Judgment in the case of United India Insurance Company Limited vs. Satinder Kaur Alias Satwinder Kaur and Others reported in (2021) 11 Supreme Court Cases 780 and the interest given is only 6% per anuum as regards total compensation. He further prays for adding future prospects and other heads of compensation may Signature Not Verified Signed by: ARUN NAIR Signing time: 24-01- 2024 11:30:28 3 be added and reasonable amount of compensation may be awarded. Therefore the Tribunal in all fairness ought to have awarded just amount of compensation which is not done by the Tribunal in this case. Hence, award deserves to be set-aside and prays for enhanced amount of compensation.
(4) Per contra, counsel for the respondents supported the award impugned and has contended that the Claims Tribunal has rightly awarded the compensation and prays for dismissal of the appeal.
(5) I have heard counsel for the parties and have perused the record of the case.
(6) The appellants have not challenged the findings of trial Court in respect of annual income of the deceased as Rs.68,256/- per year but he is only challenging the award amount in view of the decision in the case of Satindar Kaur (supra) as well as parental filial consortium which has not been awarded.
(7) In view of the aforesaid and on perusal of the trial Court award and as per Para 19 of the judgment, the Tribunal has only awarded Rs.40,000/- in the head of consortium, so the claimants are entitled to get Rs.80,000/- more in the head of parental filial consortium in view of Satindar Kaur case.
(8) Considering the facts and circumstances and on perusal of the award, in the considered opinion of this Court, the Tribunal has rightly given 6% interest per annum. Hence no interference is called upon by this Court in the findings given by the trial Signature Not Verified Signed by: ARUN NAIR Signing time: 24-01- 2024 11:30:28 4 Court.
(9) Resultantly, this appeal is partly allowed to the extent indicated herein above. The enhanced amount of Rs.80,000/- given by the trial Court shall carry interest @ 6% per annum from the date of filing of the claim application till its realization and the findings in respect of liability awarded by the Tribunal shall remain intact.
(10) Certified copy, as per Rules.
(HIRDESH)
Arun/- JUDGE
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 24-01-
2024 11:30:28