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2024 Supreme(Online)(MP) 8885
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 12 OF FEBRUARY, 2024 MISC. APPEAL No. 2811 of 2018 BETWEEN:- NATIONAL INSURANCE CO LTD DIVISIONAL MANAGER DIVISIONAL OFFICE SEVANI TOWER ZONE II MP NAGAR, BHOPAL (MADHYA PRADESH)
.....APPELLANT (BY MS. AMRIT KAUR RUPRAH - ADVOCATE)
AND
1. SMT SULOCHANA W/O LATE SHRI BABULAL, AGED ABOUT 40 YEARS, VILLLL AAMAJHEER DISTT SEHORE PRESENT VILL FANDA (MADHYA PRADESH)
2. KU. GAYATRI D/O LATE SHRI BABULAL, AGED ABOUT 18 YEARS, R/O VILLAGE AAMAJHEER, DISTRICE SEHORE, PRESENT R/O VILLAGE FANDA DISTRICT BHOPAL (MADHYA PRADESH)
3. KU. BASKANYA D/O LATE SHRI BABULAL, AGED ABOUT 16 YEARS, OCCUPATION: THR. NATURAL GUARDIAN SMT. SULOCHANA W/O LATE SHRI BABULAL AGE 40 R/O VILLAGE AAMAJHEER, DISTRICE SEHORE, PRESENT R/O VILLAGE FANDA DISTRICT BHOPAL (MADHYA PRADESH)
4. LALIT S/O LATE SHRI BABULAL, AGED ABOUT 14 YEARS, OCCUPATION: THR. NATURAL GUARDIAN SMT. SULOCHANA W/O LATE SHRI BABULAL AGE 40 R/O VILLAGE AAMAJHEER, DISTRICE SEHORE, PRESENT R/O VILLAGE FANDA (MADHYA PRADESH)
5. NILESH S/O LATE SHRI BABULAL, AGED ABOUT
12 YEARS, OCCUPATION: THR. NATURAL GUARDIAN SMT. SULOCHANA W/O LATE SHRI BABULAL AGE 40 R/O VILLAGE AAMAJHEER, DISTRICE SEHORE, PRESENT R/O VILLAGE FANDA (MADHYA PRADESH)
6. DINESH SINGH S/O PYARELAL R/O VILLAGE AAMAJHEER, DISTT SEHORE (MADHYA PRADESH)
7. GOVIND VERMA S/O SHRI CHUNNILAL VERMA R/O VILLAGE AAMAJHEER, DISTT SEHORE (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI R.P. MISHRA - ADVOCATE FOR RES. NO.1 TO 5)
MISC. APPEAL No. 3362 of 2019 BETWEEN:- NATIONAL INSURANCE CO. LTD. THR DIVISONAL MANAGER SEVANI TOWER, ZONE II, M.P. NAGAR, SIHORA DISTT. JABALPUR THR ASSISTANT MANAGER T.P. HUB, JABALPUR (MADHYA PRADESH)
.....APPELLANT (BY MS. AMRIT KAUR RUPRAH - ADVOCATE )
AND
1. SMT. VIDYA BAI W/O LATE SHRI RAMESH, AGED ABOUT 40 YEARS, VILLAGE ICCHAWAR, DISTT SEHORE, PRESENTLY RESIDING IN VILLAGE FANDA, DISTT BHOPAL (MADHYA PRADESH)
2. NARENDRA S/O LATE SHRI RAMESH, AGED ABOUT 15 YEARS, OCCUPATION: MINOR THR. MOTHER AND NATURAL GUARDIAN SMT. VIDHYA BAI R/O VILLAGE ICCHAWAR, DISTT SEHORE PRESENTLY R/O IN VILLAGE FANDA, BHOPAL (MADHYA PRADESH)
3. VIRENDRA S/O LATE SHRI RAMESH, AGED ABOUT 10 YEARS, OCCUPATION: MINOR THR. MOTHER AND NATURAL GUARDIAN SMT. VIDHYA BAI R/O VILLAGE ICCHAWAR, DISTT SEHORE PRESENTLY R/O IN VILLAGE FANDA, BHOPAL (MADHYA PRADESH)
4. SMT. GAINDA BAI W/O SHRI BAIJNATH JHA, AGED ABOUT 60 YEARS, R/O VILLAGE ICCHAWAR, DISTT SEHORE PRESENTLY R/O IN VILLAGE FANDA, BHOPAL (MADHYA PRADESH)
5. DINESH SINGH S/O SHRI PYARELAL R/O AMAJHIR, MOGRARAM (MADHYA PRADESH)
6. GOVIND VERMA S/O SHRI CHUNNILAL VERMA R/O VILLAGE AMAJHIR, (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI R.P. MISHRA - ADVOCATE FOR RES. NO.1 TO 3)
MISC. APPEAL No. 3225 of 2021 BETWEEN:- 1. SMT. SULOCHANA W/O LATE SHRI BABULAL, AGED ABOUT 40 YEARS, GRAM AAMAJHEER DISTT. SEHORE PRESENT R/O R/O GRAM FANDA DISTT. BHOPAL (MADHYA PRADESH)
2. KU.GAYATRI D/O LATE BABULAL, AGED ABOUT
18 YEARS, OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT.SULOCHANA GRAM AAMAJHEER DISTT.SEHORE AT PRESENT GRAM FANDA DISTT.BHOPAL (MADHYA PRADESH)
3. KU.BASKANYA D/O LATE BABULAL, AGED ABOUT
16 YEARS, OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT.SULOCHANA GRAM AAMAJHEER DISTT.SEHORE AT PRESENT GRAM FANDA DISTT.BHOPAL (MADHYA PRADESH)
4. LALIT S/O LATE BABULAL, AGED ABOUT 14 YE A R S , OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT.SULOCHANA GRAM AAMAJHEER DISTT.SEHORE AT PRESENT GRAM FANDA DISTT.BHOPAL (MADHYA PRADESH)
5. NEELESH S/O LATE BABULAL, AGED ABOUT 12 YE A R S , OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT.SULOCHANA GRAM AAMAJHEER DISTT.SEHORE AT PRESENT GRAM FANDA DISTT.BHOPAL (MADHYA PRADESH)
.....APPELLANTS (BY SHRI R.P. MISHRA - ADVOCATE)
AND
1. DINESH SINGH S/O SHRI PYARELAL GRAM AAMAJHEER DISTT. SEHORE (MADHYA PRADESH)
2. GOVIND VERMA S/O CHUNNILAL VERMA GRAM AAMAJHEER DISTT.SEHORE (MADHYA PRADESH)
3. NATIONAL INSURANCE CO.LTD. THROUGH DIVISIONAL MANAGER DIVISINAL OFFICE SEWANI TOWER ZONE 2 MP NAGAR (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI MS. AMRIT KAUR RUPRAH - ADVOCATE FOR RES. NO.3)
MISC. APPEAL No. 3226 of 2021 BETWEEN:- 1. SMT. VIDYA BAI W/O LATE SHRI RAMESH, AGED ABOUT 40 YEARS, GRAM ICHHAWAR DISTT. SEHORE PRESENT R/O GRAM FANDA DISTT.
BHOPAL (MADHYA PRADESH)
2. NARENDRA (MINOR) THR NATURAL GUARDIAN MOTHER SMT VIDYA BAI) S/O LT. SHRI RAMESH, AGED ABOUT 15 YEARS, GRAM-ICHHAWAR, DISTT-SEHORE MP AT PRESENT GRAM FANDA, DISTT.-BHOPAL MP (MADHYA PRADESH)
3. VIRENDRA (MINOR) THR NATURAL GUARDIAN MOTHER SMT VIDYA BAI S/O LT SHRI RAMESH, AGED ABOUT 10 YEARS, GRAM-ICCHAWAR, DISTT-SEHORE MP AT PRESENT GRAM-FANDA, DISTT-BHOPAL MP (MADHYA PRADESH)
.....APPELLANTS (BY SHRI R.P. MISHRA - ADVOCATE)
AND
1. DINESH SINGH S/O SHRI PYARELAL GRAM AAMAJHEER MOGRARAM DISTT. SEHORE (MADHYA PRADESH)
2. GOVIND VERMA S/O SHRI CHUNNILAL VERMA GRAM-AAMAJHEER. MOGRARAM, DISTT- SEHORE MP (MADHYA PRADESH)
3. THR DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. DIVISIONAL OFFICE SEWANI TOWER , ZONE-2, MP NAGAR DISTT- BHOPAL (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI MS. AMRIT KAUR RUPRAH - ADVOCATE FOR RES. NO.3 )
This appeal coming on for admission this day, the court passed the following:
Nitin Kumar Gupta,
JUDGMENT
Since these appeals are arising out of common accident, therefore, they are being heard together and decided by this common order.
2. These two appeal i.e. M.A. No. 3362/2019 and MA No. 2811/2018 under Section 173(1) of the Motor Vehicles Act, 1988 have been filed by the appellant/insurance company against the award dated 29.04.2019 and 27.03.2018 passed by the 15th Additional Motor Accident Claims Tribunal, Bhopal and 10th Additional Motor Accident Claims Tribunal, Bhopal in Claim Case No. 924/2017 and Claim Case No. 1093/16 respectively whereby learned tribunal has awarded an amount of Rs.8,59,600/- and Rs. 8,69,730 to the claimants payable by the driver/owner of the offending vehicle and Insurance Company jointly and severally, Other two appeals i.e. MA. No. 3226/2021 and MA No. 3225/2021 have been filed by the LRs. of Ramesh and LRs. Babulal for further enhancement of Rs. 1,00,000/- and Rs. 80,000/- respectively in addition to the amount awarded by the learned tribunal.
3. The facts necessary for disposal of the present appeal in brief are that on 17.10.2015, Dinesh was going with Babulal on his motorcycle. when they reached Icchawar near Paliwal Nursary, then Dinesh driving the motorcycle bearing No. MP-37-MJ-0667 rashly and negligently hit the Ramesh walking on foot. Due to which, Babulal fall down from the motorcycle and received grievous injuries and Ramesh also received grievous injuries. Resultantly, Ramesh and Babulal have died.
4. It is submitted by the learned counsel of insurance company that the case o f Anil and others Vs. New India Assurance Company Limited and others, 2018(2) SCC 482 has squarely applied in this case wherein no post mortem was conducted and no hospital record was available to indicate that the death has occurred due to the accident, complaint also lodged after more than one month period and deceased was the brother of the owner of the offending vehicle. Herein the FIR was lodged after two months of the alleged incident and in that FIR also vehicle number of the said motorcycle was not mentioned. The deceased was the real brother of the owner of the said motorcycle and owner and driver of the said motorcycle remained ex-parte before the tribunal. No paper of the treatment of Babulal was made available. Though, he sustained injuries on 19.10.2015 and died on 27.10.2015, The mechanical examination of said motorcycle shows that there was no damage found on that vehicle. The offending vehicle motorcycle is alleged to be seized on 29.04.2016 that is after the 4-5 month after the incident. Babulal was died due to fall from any vehicle which is explicit from the report Ex. D/1 and D/2 Ex. D/2 is the first information report contains the fact of falling of the Babulal. The testimony of the Himmant Singh is not inspired the confidence of the Court and he was the most and reliable person. Statement of Dev Kumar (NAW/1) and Santosh Kumar Kaithal (NAW/2) were the investigator and proved that the incident in question is not proved as put forth by the claimants. The marg report also shows that Babulal sustained the injuries due to fall and not because of any vehicular accident.
5. Per contra, learned counsel for the claimants submits that learned tribunal has erred in calculating the compensation amount and has also erred in not considering the right age of the deceased. Learned tribunal has not awarded for loss of love & affection, loss of estate and parental loss. Therefore, the amount may be enhanced in these heads.
6. Having heard learned counsel for the parties. Perusal of the record shows that the incident was occurred on 17.10.2015 and to prove the factum of the accident as put forth by the claimants Sulochana (AW-1) widow of lat Babulal has been examined but she is not an eye witness of the incident. She admits that the motorcycle was the ownership of her Jeth non applicant No. 2. She denied the suggestion given by the insurance company that his husband has sustained the injuries from falling fr
