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2022 DIGILAW 657 (MP)

Sapna Mishra v. Arjun Nath

2022-04-23

SUNITA YADAV

body2022
JUDGMENT 1. This miscellaneous appeal under Sec. 173 (1) of Motor Vehicle Act is filed assailing the award dtd. 30/06/2014 passed by First Additional Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No.72/2012 by which the tribunal has awarded the amount of Rs.19,30,000.00 as compensation on account of deceased-Neeraj Mishra. 2. The necessary facts for disposal of the present appeal in short are that on 21/12/2011 deceased Neeraj Mishra was returning from Dabra to Gwalior by motorcycle on his own side and as he reached near Shankar Petrol Pump, Jourasi Mandir, Dabra, a tractor driven rashly and negligently by respondent/nonapplicant No.1 bearing Registration No.MP07-HA-5811 hit the motorcycle of the deceased on account of which, Neeraj Mishra sustained grievous injuries and died during the treatment at Sahara Hospital, Gwalior. A criminal case was registered against the driver of the said tractor vide crime No.318/2011 under Sec. 174 of Cr.P.C. After enquiry under Sec. 174 of Cr.P.C., FIR was registered and after investigation, a criminal case under Sec. 304-A of IPC was filed against the respondent/non-applicant No.1. 3. Learned counsel for the claimants has argued that award passed by the tribunal is contrary to the evidence available on record. Learned Claims Tribunal erred in calculating the compensation on the lower side. He has further argued that as per income tax return for the year 2010-11(Exhibit P/19), the income should be calculated after deduction of total taxes paid amounting to Rs.3562.00. After deduction, the gross annual income comes to Rs.1,91,019.00. However, the trial Court has calculated the yearly income as Rs.1,80,000.00. He has further stated that the other compensation head should be given as per the case law laid down by Hon'ble Apex Court National Insurance Company Ltd. vs. Pranay Sethi and Ors., ( 2017 ACJ 2700 ) and United Insurance Company Ltd. vs. Satinder Kaur and Ors., ( 2020 ACJ 2131 ). 4. Per contra, learned counsel for the respondent/Insurance Company opposed the submissions and has argued that the award passed by the learned tribunal is in accordance with settled principles of law and facts available on record, therefore, need not be inferred with. He has further argued that the respondent/insurance company has already paid sum of amount of compensation that should be deducted from the final outcome. 5. Heard the learned counsel for the parties and perused the record. 6. He has further argued that the respondent/insurance company has already paid sum of amount of compensation that should be deducted from the final outcome. 5. Heard the learned counsel for the parties and perused the record. 6. Exhibit P/19, the income tax return of deceased Neeraj Mishra reads as below: In view of the principles laid down in the case law of Vijay Kumar Rastogi Vs. U.P. State Road Transport Corporation ( 2018 ACJ 1029 ) as well as in the case of Pranay Sethi (supra), the arguments of learned counsel for the appellants is found to be acceptable that after deduction of total tax, the gross income of the deceased comes to Rs.1,91,019.00. 7. In the present case, learned Tribunal has considered the age of the deceased to be 36 years, which has not been disputed by learned counsel for the appellants. 8. In view of the principles laid down by Hon'ble Supreme Court in the case of National Insurance Company Ltd. (supra), the multiplier of 15 would be applicable. Accordingly, the claimants/ appellants are held to be entitled to receive the enhanced compensation amount as under:- 9. As such, the total amount awarded to the claimants is enhanced from Rs.19,30,000.00 to Rs.27,44,266.00. The enhanced amount comes to Rs.8,14,266.00 (Rupees Eight Lakh Fourteen Thousand Two Hundred Sixty Six only), with interest at the rate as fixed by the tribunal in the award which is ordered accordingly to be payable to the claimants as directed by the Tribunal in the same apportionment. The enhanced amount of compensation Rs.8,14,266.00 shall be payable to the claimants within 12 weeks from the date of production of a certified copy of this order. Rest of the award impugned passed by the Tribunal shall remain intact. 10. If the enhanced amount of compensation is in excess to the valuation of appeal, the difference of the Court fee (if not already paid) shall be deposited by the appellants/ claimants within four weeks' from today and proof thereof shall be submitted before the Registry. Thereafter, Registry shall issue the certified copy of the order passed today. 11. Appeal stand allowed to the aforesaid extent and disposed of.