Research › Search › Judgment

Madhya Pradesh High Court · body

2023 DIGILAW 92 (MP)

Brahmani Bina (Smt. ) v. Rajkumar

2023-01-18

VIVEK AGARWAL

body2023
ORDER 1. Heard on I.A. No.471/2023, an application seeking permission to amend the valuation and accordingly to pay Court Fee. 2. Learned counsel for the appellants/claimants submits that he has paid Deficit Court Fee of Rs.30,525/- and in support of the said submission, he has filed a copy of Online Court Fee Cyber Receipt along with the application, therefore, the Court Fee may be taken on record. 3. On due consideration, the application is allowed and Deficit Court Fee is taken on record. 4. This appeal under section 173(1) of the Motor Vehicles Act, 1988 is filed by the appellants/claimants being aggrieved of award dated 23.11.2015 passed by learned II Additional Member, Motor Accident Claims Tribunal, Jabalpur in Motor Vehicle Case No.326/2011 mainly on three grounds; (1) The Claims Tribunal has applied multiplier as per the age of the claimants whereas the multiplier will be as per the age of deceased Anamika Saxena, who was 22 years of age at the time of the accident (2) The future prospect is to be added in the light of the law laid down by Hon'ble the Supreme Court in National Insurance Company Limited v. Pranay Sethi & Others (2017) 16 SCC 680 and (3) The Notional Income of the deceased, who was a final year student of M.B.B.S, has been construed at Rs.16,000/- per month whereas as per the decision of Hon'ble the Supreme Court in Ashvinbhai Jayantilal Modi v. Ramkaran Ramchandra Sharma & Another 2015 SAR (Civil) 148 Supreme Court, the Notional Income should have been atleast Rs.25,000/- per month. 5. Shri Vineet Kumar Pandey, leaned counsel for respondent No.3 submits that the proportion in which the liability is apportioned by the Claims Tribunal should be maintained. 6. After hearing learned counsel for the parties and going through the record and keeping in view the ratio of judgment of Hon'ble the Supreme Court in Ashvinbhai Jayantilal Modi v. Ramkaran Ramchandra Sharma & Another (supra), the annual income of the deceased will come out to Rs.3,00,000/- per annum and when 50% is to be deducted towards her living expenses, who was a spinster at the time of her death and 40% is to be added towards future prospect applying the multiplier of 18 then the total pecuniary compensation will come out to Rs.37,80,000/-. A sum of Rs.40,000/- is also awarded to each of the appellants/claimants in the light of the law laid down by Hon'ble the Supreme Court in Satvinder Kaur versus State (Government of N.C.T of Delhi) (1999) 8 SCC 728 . The appellants/claimants are also entitled to a further sum of Rs.30,000/- under the head of non-pecuniary compensation taking total compensation to Rs.38,90,000/- in place of RS.13,69,000/- awarded by the Claims Tribunal Thus, there will be enhancement to the tune of Rs.25,21,000/-(Rupees Twenty Five Lakh Twenty One Thousand Only) to which the appellants/claimants will be entitled to in addition to the amount awarded by the Claims Tribunal alongwith interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. The percentage of amount of apportionment between the respondent No3/Royal Sundaram Alliance Insurance Company Limited and respondent N.5/National Insurance Company Limited shall remain intact. 7. The enhanced amount alongwith accrued interest shall remain invested in the Monthly Income Scheme of Indian Post Office or a Nationalized Bank for a period of ten years in the joint names of the appellants/claimants. The appellants/claimants will be entitled to utilize its monthly interest for their well being and maintenance, but the principal amount will not allowed to be withdrawn for a period of ten years. 8. In above terms, this appeal is disposed of. 9. Let record of the Claims Tribunal be sent back.