Vidhyadevi Ahirwar vs Dharmendra Rajak

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1789

SURYA KANT, J. B. PARDIWALA
Vidhyadevi Ahirwar – Appellant
Versus
Dharmendra Rajak – Respondent

Advocates Appeared:
Mr. Shishir Kumar Saxena, Advocate, Mr. R.N. Pareek, Advocate, Ms. Payal Swarup, Advocate, Mr. Praveen Swarup, Advocate, for the Appellant; Dr. Meera Agarwal, Advocate, Mr. Ramesh Chandra Mishra, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. The appellants - claimants filed Miscellaneous Appeal No.5823/2018 before the High Court of Madhya Pradesh at Gwalior for enhancement of compensation arising out of the motor vehicle accident in which they lost their bread earner.

3. The Motor Accident Claims Tribunal, District Datia, M.P. awarded compensation of Rs.6,48,000/-. The High Court following the principles laid down by this Court in 'National Insurance Company Limited vs. Pranay Sethi & ORS.' (2017) 16 SCC 680, held as follows:-

' xx xx xx

Admittedly, deceased was of the age of 21 years, therefore, multiplier of 18 will be applicable, then total compensation comes out to Rs.12,09,600/- against which only a sum of Rs.6,48,000/- has been awarded therefore, there will be enhancement of Rs.5,61,600/- but the appellants have valued this appeal at Rs.5,00,000/- only and has accordingly paid the court fees, therefore, enhancement is to be restricted to a sum of Rs.5,00,000/-. Therefore, it is directed that claimants shall be entitled to a sum of Rs.5,00,000/- in addition to what has been awarded by the Claims Tribunal on the basis of the above analysis.

Accordingly, award is suitably modified. Other terms a

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