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Madhya Pradesh High Court · body

2022 DIGILAW 1534 (MP)

United India Insurance Co. Ltd. v. Tanvi Jain

2022-12-16

VIVEK AGARWAL

body2022
ORDER 1. These appeals are filed by the claimants being aggrieved of award dated 21.1.2020, passed by learned II Addl. Motor Accident Claims Tribunal, Bhopal (M.P.), in M.A.C.C.No.2080/2016 and M.A.C.C.No.2084/2016, respectively, by the Insurance Company and the owner & driver of the offending vehicle. 2. The issue involved in these appeals is that Insurance Company has disputed the award on the ground that in para 20 of the award, learned Claims Tribunal has taken into consideration income of the deceased at Rs.43,960/- per month which is contrary to the Form-16, produced on record as Ex.P/6. Owner & driver has filed these appeals on the ground that direction to the Insurance Company to pay the compensation and recover from the owner & driver is erroneous and that be set aside. 3. After hearing learned counsel for the parties and going through the record, so far as income computation is concerned, Ex.P/6 i.e. Form No.16 only makes mention of net taxable salary and not of the gross salary. Tribunal has referred to Ex.P/11 to arrive at gross salary and has taken that into consideration. Therefore, clerical error in not mentioning the relevant documents as are enclosed and available on record, will not give a ground to the Insurance Company to dispute the amount of compensation saying that the income was wrongly computed and calculations were incorrectly made. 4. As far as appeals filed by the owner & driver are concerned, there is apparent breach of policy, inasmuch as, at the time of the accident offending vehicle was not having a valid permit to drive and, therefore, that order cannot be faulted with in view of the law laid down in Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd. [ (2018) 7 SCC 558 ] and National Insurance Co. Ltd. v. Challa Bharathamma and others [ (2004) 8 SCC 517 ]. Thus, appeals filed by the Insurance Company and the owner & driver are devoid of merit, does not call for any interference in the impugned order and, accordingly, the same is dismissed. 5. At this stage, Shri Nitin Gupta, appears and submits that some amount be apportioned in favour of the mother of the deceased also. He submits that some reasonable amount be apportioned in favour of the mother of the deceased as she has also lost her earning son on whom she was dependent. 5. At this stage, Shri Nitin Gupta, appears and submits that some amount be apportioned in favour of the mother of the deceased also. He submits that some reasonable amount be apportioned in favour of the mother of the deceased as she has also lost her earning son on whom she was dependent. This submission appears to be just and correct. 6. It is directed that 20% of the awarded amount, which comes to Rs.19,29,072/-(Rupees Nineteen Lacs, Twenty Nine Thousands and Seventy Two) will be payable to the mother of the deceased along with the accrued interest @ 6% per annum and remaining amount will go in favour of the wid o w. This additional amount along with accrued interest shall remain invested in the Monthly Income Scheme of the Indian Post Office or a Nationalized Bank for a period of ten years and she will be entitled to utilize its monthly interest for her well being and maintenance, but the principal amount will not allowed to be withdrawn for a period of ten years. 7. Let record of the Claims Tribunal be sent back. 8. In above terms, these Miscellaneous Appeals are disposed of.