IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH nd ON THE 2 OF FEBRUARY, 2024 MISC. APPEAL No. 3978 of 2023 BETWEEN:-

1. SMT. KANCHAN VISHWAKARMA S/O LATE KOUSHAL VISHWAKARMA, AGED ABOUT 39 YEARS, R/O NEAR PARIJAT BUILDING CHERITAL JABALPUR (MADHYA PRADESH)

2. KU. KARUNIKA VISHWAKARMA D/O LATE KOUSHAL VISHWAKARMA, AGED ABOUT 18 YEARS, R/O NEAR PARIJAT BUILDING, CHERITAL, JABALPUR (MADHYA PRADESH)

3. KU. KRATIKA VISHWAKARMA D/O LATE KOUSHAL VISHWAKARMA, AGED ABOUT 16 YEARS, OCCUPATION: MINOR THROUGH LEGAL GUARDIAN MOTHER (APPELLANT NO.1) SMT. KANCHAN VISHWAKARMA R/O NEAR PARIJAT BUILDING, CHERITAL, JABALPUR (MADHYA PRADESH)

.....APPELLANTS BY SHRI S.CHATURVEDI - ADVOCATE)

AND

1. SOMESHWAR SINGH YADAV S/O GAYA NARAYAN R/O MAHATMA GANDHI NAGAR GAYAN SANT RAVIDAS NAGAR UTTAR PRADESH (UTTAR PRADESH)

2. VIKAS KUMAR SINGH S/O BHOLA SINGH TIWARI R/O BADNIKALA BABHONIYAT RAHONIYA, VARANASI (OWNER OF OFFENDING VEHICLE NO.

UP-65-CT-5360) (UTTAR PRADESH)

3. UNITED INDIA INSURANCE COMPANY LIMITED, JABALPUR OFFICE RAJKIRAN BUILDING, WRIGHT TOWN, JABALPUR (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: PARMESHWAR (BY SHRI R.SHUKLA - ADVOCATE FOR RESPONDENT NO.2 )

(BY MS. ASHGARI KHAN - ADVOCATE FOR RESPONDENT NO.3/INSURANCE COMPANY )

This appeal coming on for admission this day, the court passed the following:

ORDER

This appeal under Section 173(1) of Motor Vehicle Act, 1988 has been filed feeling dissatisfied by the award dated 30-09-2022 in MACC No.

3397/2019 by 14th Additional Motor Accident Claims Tribunal, Jabalpur regarding death of Kaushal Vishwakarma.

2. Facts in brief are that an application under Section 166 of Motor Vehicle Act, 1988 was preferred by the LRs (wife-appellant No.1) and daughters ( appellant Nos. 2 and 3) of the deceaased Kaushal Vishwakarma for a compensation of Rs. 40,20,000/- due to death of Kaushal Vishwakarma in motor accident occurred on 14-08-2019 by negligent driving of vehicle No. UP- 65CT-5360 by respondent No.1- Someshwar Singh Yadav and owned by respondent No.2- Vikas Kumar Singh and insured by the respondent No.3- United India Insurance Company Limited claiming that the deceased was engaged in hotel business and earns Rs. 35,000/- per month and his age was 43 years on the date of accident.

3. The respondents contested the claim.

4. The Tribunal framed issued and recorded the testimony of (PW-1)

and Sandip Patel (PW-3) and admitted Ex. P/1 to P/7.

5. The Tribunal on appreciation of evidence found proved that Kaushal Vishwakarma died in a motor accident caused by negligent driving of respondent No. 1 and owned by respondent No.2 and insured by respondent No.3 and on the date of accident ie. 14-08-2019, the age of the deceased was Signature Not Verified Signed by: PARMESHWAR between 45-46 years and income was Rs. 6625/- per month and awarded a total compensation of Rs. 10,24,388/- in the following heads :-

(a) Loss of dependency :- Rs. 9,47,388/-

(b) Loss of consortium ( only to wife ) :- Rs. 44,000/- (c) Funeral expenses :- Rs. 16,500/-

(d) Loss of estate :- Rs. 16,500/-

6. Dissatisfied with the amount of award, this appeal has been preferred on the ground that income has not been assessed properly. Conventional heads has not been adequately compensated. Rate of interest ought to have been awarded @ 12 % per annum.

7. Heard.

8. Learned counsel for the respondents opposed the prayer and prayed for dismissal of the appeal.

9. Perused the record.

10. Perusal of paragraph-37 of the award transpires that in head of loss of consortium only Rs. 44,000/- has been awarded. This amount ought to have been awarded ( Rs. 44,000/- x3)=Rs. 1, 32,000/-. So, an amount of Rs. 88,000/- is enhanced for appellant Nos. 2 and 3 in the head of loss of consortium.

11. The amount in the head of dependency has to be calculated with the earning of wages of unskilled labourer as material showing income are not brought on record. The wages of unskilled labourer was Rs. 7700/- per month on the date of i