IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

ON THE 9th OF FEBRUARY, 2024 MISC. APPEAL No. 2378 of 2020 BETWEEN:-

1. SMT. GANGA W/O GANESH BAVNE, AGED ABOUT 48 YEARS, OCCUPATION: HOUSE WIFE

2. GANESH S/O SAVANYA BAVNE, AGED ABOUT 52 YEARS, OCCUPATION: SELF EMPLOYED

3. JITENDRA S/O GANESH BANVE, AGED ABOUT

19 YEARS, OCCUPATION: SELF EMPLOYED ALL R/O GRAM- KAMATH TEH.MULTAI DISTT.

BETUL (M. P.)

.....APPELLANTS (BY SHRI VIVEK AGRAWAL – ADVOCATE)

AND

1. SANJAY S/O DANAJI KADWE R/O GRAM KATHI TEH. AMLA, DISTT. BETUL (M.P.)

2. THE NATIONAL INSURANCE CO. LTD. THROUGH DIVISION IV 505 SAGUN BUILDING SAGUN PLOT NO. 7 SKEEM NO. 54 AB ROAD VIJAY NAGAR CHOWK DISTT. INDORE (M.P.)

.....RESPONDENTS (NONE FOR THE RESPONDENT NO.1, THOUGH SERVED)

(SHRI GULAB SOHANE – ADVOCATE FOR RESPONDENT NO.2)

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

O R D E R

Heard on I.A.No.5797/2020 application for condonation of delay in filing the appeal.

Signature Not Verified In the application there is no mention of how much delay is caused in filing of the appeal and the office has also not calculated the delay. Looking to the fact that the impugned award was passed on

04.03.2020 and instant appeal was filed on 01.09.2020 and it is also pertinent to mention that in the month of March, 2020 COVID had commenced, hence, delay, if any, in filing the appeal is hereby condoned.

Accordingly, I.A.No.5797/2020 is disposed of.

Heard on admission.

Admit.

With the consent of parties, heard final arguments.

The appellant/claimant has filed this Appeal under Section 173(1) of the Motor Vehicles Act, 1988 for enhancement of the compensation amount being aggrieved with the award dated 04.03.2020 passed by First Additional Motor Accident Claims Tribunal, Multai District Betul (M.P.) in MCC No.42/2019 by which the learned Claims Tribunal awarded a total sum of Rs.7,86,000/- (Seven Lakhs Eighty Six Thousand) with 6% interest to the appellant/claimant by way of compensation for the injuries which he has sustained in a motor vehicle accident.

2. According to claimants, the compensation awarded by the learned Tribunal is on lower side, hence need to be enhanced. So the question that arises for consideration is whether any case for enhancement of compensation awarded by the Tribunal on facts/ evidence adduced is made out and if so to what extent?

3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that all these findings are recorded in favour of claimants by the Tribunal. Secondly, the findings though recorded in favour of claimants are not under challenge at the instance of any of the respondents such as owner/driver or insurance Signature Not Verified company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

4. As observed supra, it is a death case. On 19.05.2018, Dharmu aged 24 years, met with a motor vehicle accident and died, giving rise to file claim petition by legal representatives (appellants herein), out of which this appeal arises seeking enhancement of compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and, as stated supra, awarded a sum of Rs.7,86,000/- (Seven Lakhs Eighty Six Thousand) as compensation, breakup of which is as under :-

Rs.7,56,000/- Towards loss of dependency.

Rs.15,000/- Towards funeral expenses Rs.15,000/- Towards loss of estate

5. Learned counsel for the appellants submit that the learned Tribunal has assessed the income of the deceased @ Rs.5,000/- (Five thousand) per month and added 40% towards futur