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2023 DIGILAW 572 (MP)

Anita Bai v. Mahendra Singh Morko

2023-05-10

VIVEK AGARWAL

body2023
ORDER 1. Learned counsel for the appellants submits that he has paid Deficit Court Fee vide Covering Memo No.3085 and in support of the said submission, he has filed a copy of Online Court Fee Cyber Receipt along with the covering memo, therefore, the Court fee may be taken on record. 2. On due consideration, the Deficit Court Fee is taken on record. 3. This appeal is filed by the Appellants/Claimants being aggrieved of award dated 18.1.2017 passed by IV Additional Member, Motor Accident Claims Tribunal, Jabalpur in Motor Vehicle Case No.146/2015. 4. It is submitted by learned counsel for the appellants that for an accident, which took place on 16.12.2013, the income of the deceased is construed at Rs.3,500/- per month, which is on the lower side and the amount towards future prospect is also required to be added. 5. Learned counsel for the Insurance Company supports the impugned award. 6. On 16.12.2013, the minimum wages even for an unskilled labourer were to the tune of Rs.5,520/- per month. The age of the deceased has come on record to be 40 years and, therefore, if the minimum wages even for an unskilled labourer are taken into consideration then the annual wages of the deceased will come out to Rs.66,240/- per annum. The deceased is survived by 4 legal heirs and, therefore, 1/4th deduction is to be made towards living expenses of the deceased and 25% is to be added towards future prospect and when the multiplier of 15 is applied then the total pecuniary compensation will come out to Rs.9,31,500/- over and above which the claimants are also entitled to a sum of Rs.70,000/- under the head of non-pecuniary compensation and another sum of Rs.1,20,000/- is also awarded for three children for loss of parental consortium taking total compensation to the tune of Rs.11,21,500/- against a sum of Rs.5,97,500/- awarded by the Claims Tribunal. Thus, the appellants/claimants are entitled to the enhanced sum of Rs.5,24,000/- (Rupees Five Lakh Twenty Four Thousand Only) alongwith interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 7. Thus, the appellants/claimants are entitled to the enhanced sum of Rs.5,24,000/- (Rupees Five Lakh Twenty Four Thousand Only) alongwith interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 7. At this stage, learned counsel for the Insurance Company submits that the Insurance Company has been totally exonerated on the ground that NonApplicant Mahendra Singh Marko was driving the Offending Jeep bearing registration No.MP15-D-5148 without driving licence and in the light of the law laid down by the apex Court in Pappu & Others v. Vinod Kumar Lamba & Another (2018) 3 SCC 208 , the Insurance Company be directed to pay the amount of compensation and then recover it from the Owner and Driver of the Offending Vehicle. 8. The prayer made by learned counsel for the Insurance Company appears to be just and proper. 9. Taking the overall fact situation of the present case and also the law laid down by the apex Court in Pappu & Others versus Vinod Kumar Lamba & Another (supra), it is directed that the Insurance Company shall first pay the amount of compensation to the claimants and then will be entitled to recover the same from the owner and driver of the offending vehicle. 10. In above terms, this appeal is disposed of. 11. Let record of the Claims Tribunal be sent back.