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2024 Supreme(Online)(MP) 3706
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 10th OF MAY, 2024
MISC. APPEAL No. 506 of 2016
BETWEEN:-
UNITED INDIA INSURANCE COMPANY
LIMITED
THROUGH DIVISIONAL MANAGER DIVISIONAL
OFFICE NO.1 GTB COMPLEX T.T.NAGAR BHOPAL
THROUGH THE INCHARGE T.P.HUB UNITED INDIA
INSURANCE CO. LTD. DIVISIONAL OFFICE 1454
RAJKIRAN BHA
W
AN WRIGHT TOWN JABALPUR
(MADHYA PRADESH)
.....ADVOCATE
(BY SHRI SANJIV KUMAR CHATURVEDI - ADVOCATE)
AND
1.
CHANDRASHEKHAR
MAKODE
S/O
KRISHNARAO MAKODE, AGED ABOUT 25
YEARS, OCCUPATION: THROUGH GUARDIAN
MOTHER
SMT.
KAMLA
BAI
W/O
KRISHNARAO MAKOEDE 168 SA-II/G EAST
RAILW
AY
COLONY
BHOPAL
(MADHY
A
PRADESH)
2.
CHAND
KHAN
S/O
GULAM
UDDIN
OCCUPATION: NONE VILL. GARHI, TEH.
GAIRATGANJ (MADHYA PRADESH)
3.
RAHUL JAIN S/O RAMESH KUMAR JAIN
OCCUPATION:
NONE
GAIRATGANJ,
(MADHYA PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 505 of 2016
BETWEEN:-
UNITED
INDIA
INSURANCE
COM.LTD.
THR.
DIVISIONAL MANAGER AND THR. THE INCHARGE
T.P. HUB UNITED INDIA INJSURANCE COM.LTD.
DIVISIONAL OFFICE NO.1 GTB COMPLEX T.T.
NAGAR BHOPA, THR. R/O DIVISIONAL OFFICE 1454
RAJKIRAN BHA
W
AN WRIGHT TOWN JABALPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI SANJIV KUMAR CHATURVEDI - ADVOCATE )
AND
1.
Y
ASHW
ANT KURMI S/O LATE LEELADHAR
KURMI,
AGED
ABOUT
29
YEARS,
OCCUPATION: THR. GUARDIAN MOTHER
SMT. UMA KURMI W/OL LATE LEELADHAR
KURMI A/A 50 IN FRONT OF DEVIJI MANDIR
NISHATPURA RAILW
AY
COLONY
BHOPAL
(MADHYA PRADESH)
2.
CHAND KHAN S/O GULAM UDDIN VILLAGE
GARHI
TEAHSIL
GAIRATGANJ
RAISEN
(MADHYA PRADESH)
3.
RAHUL JAIN S/O RAMESH KUMAR JAIN
DISTRICT RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(NONE )
This appeal coming on for admission this day, the court passed
the following:
Vineet Kumar Pandey,
ORDER
With the consent of the learned counsel for the appellant, heard finally at motion stage.
2. This common order shall govern the disposal of MA No.505/2016 (United Insurance Co. Ltd. Vs. Yashwant Kurmi and Other) and MA No.506/2016 (United Insurance Co. Ltd. Vs. Chandrashekhar Makode Vs. Others ), arising out of common award dated 28.11.2015 passed in MACC No.1541/2013((United Insurance Co. Ltd. Vs. Yashwant Kurmi and Other) and 1542/2013 (United Insurance Co. Ltd. Vs. Chandrashekhar Makode Vs. Others ) passed by 12th Additional MACT, Bhopal.
3. Both the appeals filed on behalf of Insurance Company challenging quantum of compensation/for reduction of compensation.
4. Learned counsel for the appellant in both the appeals submits that learned Tribunal in both the MACC have wrongly added 50% as future prospect whereas in view of nature of job as well as age of claimants, 40% should have been added as future prospect. Learned counsel for the appellant has confined his arguments to the extent as indicated above. On above ground, it is urged that compensation awarded by tribunal be suitably reduced.
5. I have heard learned counsel for the appellant and perused the record of the case.
6. Perusal of impugned award reveals that Tribunal has added 50% as future prospect.
7. Perusal of MACC No.1542/2013 and 1541/2013 reveals that in both the cases, age of claimants is below 40 years and in both cases claimants are Constable in Police Department.
8. Therefore, in view of nature of job as well as age of deceased and principle laid down in the case ofNational Insurance Company Ltd. Vs. Pranay Sethi, AIR 2017 SC 5157 , tribunal has rightly added 50% as future prospect. Therefore, no illegality has been committed by Tribunal in adding 50% future prospect as above.
9. Hence, no interference is required in the findings recorded by Tribunal. Therefore, appeals filed by the appellant are dismissed.
10. Appeals filed by the appellants are disposed of accordingly. (ACHAL KUMAR PALIWAL) JUDGE sm
