MISC. Appeal No. 1511 of 2022 · Madhya Pradesh High Court

(SHRI SACHIN PARMAR, LEARNED COUNSEL FOR THE APPELLANTS). .....APPELLANTS AND

#2. INDERSINGH S/O KERUSINGH R/O MEGHNAGAR (MADHYA PRADESH) PREMSINGH TEHSIL GANDHWANI (MADHYA PRADESH) SHANKAR GRAM SENDLA, S/O

#3. NATIONAL INSURANCE COMPANY LIMITED 13 Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/15/2023 6:24:53 PM OLD PALASIYA, INDORE (MADHYA PRADESH) 2 (SHRI SUDARSHAN PANDIT, LEARNED COUNSEL FOR THE RESPONDENT [R-3]. .....RESPONDENTS This appeal coming on for admission this day, th e court passed the following: ORDER This appeal by the claimants under section 173(1) of the Motor Vehicles Act is arising out of the award dated 25.02.2022 passed by Ist Addl. MACT, Manawar, district Dhar in Claim Case No.91/2019 seeking enhancement of compensation awarded by the Tribunal.

#2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribunal, for the death of Indersingh, the Tribunal has awarded a total compensation of Rs.8,60,000/- along with interest. The break up of the compensation amount is as under: Loss of dependency -Rs.6,30,000/- (i.e. Rs.5000-1/4 personal expenses=3750x12x14) Loss of consortium -Rs.2,00,000/- Loss of estate -Rs.15,000/- Funeral expenses -Rs.15,000/- ------------------- TOTAL Rs.8,60,000/- ===========

#3. Learned counsel for the appellants submits that the Tribunal has committed an error in awarding just and proper amount of compensation as the amount awarded by the Tribunal is on the lower side. The Tribunal has Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/15/2023 6:24:53 PM 3 assessed the income of the deceased at Rs.5000/- on the lower side which deserves to be increased. The Tribunal has not awarded any amount of compensation under the head of future prospects in the light of the judgment of the Apex Court in the case of Pranay Sethi, hence prays for just and proper amount of compensation in the case.

#4. On the other hand, learned counsel for the Insurance Company has argued in support of the impugned award and contended that the Claims Tribunal has rightly awarded the compensation amount in the case which does not call for any interference by this Court.

#5. After hearing learned counsel for the parties and going through the record, I find substance in the arguments advanced by the counsel for the appellants. As per the evidence adduced by the claimants, the deceased was earning Rs.15,000/- per month. Considering the evidence on record, the income of the deceased was assessed by the Tribunal on the lower side which is enhanced to Rs.6000/- per month. On the head of future prospects, the Tribunal has also not awarded any amount in the light of the judgment of the Apex Court in the case of Pranay Sethi, therefore, considering the age of the deceased the claimants are entitled for 25% future prospects on the income of the deceased. Considering the overall facts and totality of the circumstances and the evidence came on record, in the considered opinion of this Court, the compensation awarded by the Tribunal deserves to be enhanced as under: Loss of dependency -Rs.9,45,000/- (i.e. Rs.6000+25% FP-1/4x12x14) Loss of consortium -Rs.2,00,000/- (i.e. Rs.40000x5) Loss of estate -Rs.15,000/- Funeral expenses -Rs.15,000/- ------------------ Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/15/2023 6:24:53 PM 4 TOTAL Rs.11,75,000/- ==============

#6. Thus, the appellants are entitled to a total compensation of Rs.11,75,000/- as against the award of the Tribunal of Rs.8,60,000/-. Accordingly, the appellants are entitled to an additional sum of Rs.3,15,000/- over and above the amount which has been awarded by the Tribunal.

#7. Accordingly, the appeal is partly allowed by enhancing the compensation amount by a sum of Rs.3,15,000/-. The enhanced amount shall bear interest at the same rate as awarded by the Tribunal. The other findings recorded by the Tribunal shall remain intact. The appellants have valued the appeal only to the extent of Rs.2 lakhs and paid the Court fee accordingly, however, for the remaining amount of Rs.1,15,000/- the Court fee shall be paid by the appellants within a period of one month and thereafter the amount shall be released by the Insurance Company on receiving the certificate. In case the certificate has not been filed before the Insurance Company up to a period of three months, the claimants shall not be entitled to receive the interest on the enhanced amount of compensation.

#8. In the result, the appeal is allowed in part and to the extent indicated herein above. hk/ Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 9/15/2023 6:24:53 PM (HIRDESH) JUDGE