Madhya Pradesh High Court
Sangeeta Bai vs Bhupendra Kumar on 20 December, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:36791
1 MA-6969-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 20 th OF DECEMBER, 2024
MISC. APPEAL No. 6969 of 2024
SANGEETA BAI AND OTHERS
Versus
BHUPENDRA KUMAR AND OTHERS
Appearance:
Shri Satish Jain - Advocate for the appellants.
Ms.Nidhi Saxena- Advocate for respondent No.2/insurance companay
ORDER
With the consent of learned counsel for the parties, the matter is final heard.
This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been
preferred by the appellants/claimants being aggrieved by the award dated
31.05.2024 passed in MACC No.175/2021 by the Additional Member to First
Member, Motor Accident Claims Tribunal, District Mandsaur, whereby a total
sum of Rs.18,64,800/- has been awarded to them by way of compensation.
2. As per the appellants, on 25.03.2021 at about 8:10 am Dharamraj Singh,
husband of appellant No.1, father of appellants No.2, 3 and 7 and son of appellants
No.5 and 6 was going to his village on his motorcycle. When he reached the field
of Ramesh Bagari on Angari Road, Suvasra one Platina motorcycle bearing
registration No.MP-14 ND-4866 which was owned and was being driven by
respondent No.1 and insured with respondent No.2 came from the opposite side
and dashed against his motorcycle, as a result of which, he fell down and suffered
grievous injuries. He was taken to the hospital for treatment but eventually
expired.
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 3-1-25 13:11:45
NEUTRAL CITATION NO. 2024:MPHC-IND:36791
2 MA-6969-2024
3. The appellants thereafter filed an application under Section 166 read with
Section 140 of the Act, 1988 before the claims tribunal for award of total sum of
Rs.63,15,000/- to them by way of compensation on account of death of Dharamraj
Singh. The application was contested by respondent No.2. After evaluating the
evidence brought on record by the parties the claims tribunal has awarded
compensation to the appellants as aforesaid.
4. This appeal has been preferred by the appellants on the ground that the
income of the deceased which has been assessed at Rs.7,333/- per month by the
tribunal is extremely low. The deceased was an agriculturist and was in diary
business. The documents as regards his income were also produced before the
tribunal. However they have not taken into consideration in proper perspective. It
is hence submitted that the amount awarded by the claims tribunal be enhanced
appropriately.
5. Per contra , learned counsel for respondent No.2/insurance company has
submitted that just and proper amount of compensation has been awarded by the
Claims Tribunal to the appellants on the basis of assessment of the evidence
available on record in which no interference is called for in view of which the
appeal deserves to be dismissed.
6. I have considered the submissions of learned counsel for the parties and
have perused the record.
7. The deceased was stated to be an agriculturist. He was also in diary
business. Before the claims tribunal a certificate of the Gram Panchayat was
produced in support of the said averment. The documents of agricultural land
owned by the deceased were also filed. Thus, it was not a case where the deceased
was unemployed but was instead employed as an agriculturist and was doing diary
business. His income hence could not have been assessed at Rs.7,333/- per month
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 3-1-25 13:11:45
NEUTRAL CITATION NO. 2024:MPHC-IND:36791
3 MA-6969-2024
only considering the fact that the accident has taken place in the year 2021. From
the documents available on record it would be just and appropriate to assess the
income of the deceased at Rs.8,600/- per month
8. Thus the amount under the head of loss of dependency would come to
Rs.8,600/- x 40% future prospects of rise in income = Rs.12.040/- per month i.e.
Rs.1,44,480/- annually. Deducting Rs.36,120/- i.e 1/4 for personal expense, the
same would come to Rs.18,42,120/-. The amounts under the other heads i.e. for
loss of consortium, loss of estate and funeral expenses which have been awarded
by the claims tribunal to the appellants are just and appropriate
9. In view of the aforesaid discussion, the appellants are held entitled for
award of a total sum of Rs.21,34,800/- whereas the claims tribunal has awarded
them a sum of Rs.18,64,800/- only. The appellants are hence held entitled for
enhanced amount of compensation to them in the sum of Rs.2,70,000/- which
shall be payable by respondent No.2/insurance company along with interest at the
rate 6% per annum from the date of filing of the claim application till the date of
payment.
10. The appeal is accordingly partly allowed and disposed off.
(PRANAY VERMA)
JUDGE
jyoti
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 3-1-25 13:11:45