IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH ON THE 16th OF FEBRUARY, 2024 MISC. APPEAL No. 451 of 2015 BETWEEN:-

1. SMT. DURGESH W/O LATE SHRI VIRENDRA SINGH GOYAL, AGED ABOUT 38 YEARS

2. KU.LOVELY D/O LATE SHRI VIRENDRA SINGH GOYAL, AGED ABOUT 19 YEARS

3. KU. KANCHAN D/O LATE SHRI VIRENDRA . SINGH GOYAL, AGED ABOUT 17 YEARS

4. KU. SHIVANI D/O LATE SHRI VIRENDRA SINGH GOYAL, AGED ABOUT 14 YEARS

5. AADITYA S/O LATE SHRI VIRENDRA SINGH GOYAL, AGED ABOUT 12 YEARS APPELANT NOS. 3 TO 5 ARE MINOR THROUGH NATURAL GUARDIAN SMT DURGESH

6. SMT. KAMLA @ KOKILA W/O MANORAMA GOYAL, AGED ABOUT 70 YEARS APPELLANT NOS. 1 TO 6 R/O GAUTAM NAGAR THATIPUR MORAR DISTT.GWALIOR (MADHYA PRADESH)

.....APPELLANTS (BY SHRI N.S. PAL - ADVOCATE)

AND

1. DEEPAK KUMAR RAMCHANDRANI S/O SHRI MANMOHAN RAMCHANDRANI OCCUPATION: DRIVER AND OWNER R/O WARD NO 8 SARAYE MOHALLA DISTT. TIKAMGARH (MADHYA PRADESH)

2. THE NEW INDIA INSURANCE COMPANY LIMITED, NEAR L.I.C. OFFICE, CITY CENTER THROUGH REGIONAL MANAGER GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (SHRI GAURAV MISHRA – ADVOCATE FOR RESPONDENT NO. 1 AND SHRI ARVIND AGRAWAL – ADVOCATE FOR RESPONDENT NO. 2)

MISC. APPEAL No. 452 of 2015 BETWEEN:-

1. SMT. RAMWATI W/O SHRI LAL SINGH, AGED ABOUT 56 YEARS

2. LAL SINGH S/O SHRI MUNNE RAM, AGED ABOUT 57 YEARS

3. GABBAR SINGH S/O LAL SINGH, AGED ABOUT 18 YEARS APPELLANT NOS. 1 TO 3 R/O KABIR COLONY THATIPUR MORAR DISTRICT GWALIOR (MADHYA PRADESH)

.....APPELLANTS (BY SHRI N.S. PAL - ADVOCATE)

AND

1. DEEPAK KUMAR RAMCHANDRANI S/O SHRI MANMOHAN RAMCHANDRANI R/O WARD NO. 8 SARAY MOHALLA TIKAMGARH (MADHYA PRADESH)

2. THE NEW INDIA INSURANCE COMPANY LIMITED, NEAR L.I.C. OFFICE, CITY CENTER THROUGH REGIONAL MANAGER GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (SHRI GAURAV MISHRA – ADVOCATE FOR RESPONDENT NO. 1 AND ----------------------------------------------------------------------------------

Reserved on : 18.12.2023 Pronounced on : 16.02.2024 ---------------------------------------------------------------------------------

These misc. appeals having been heard and reserved for orders, coming on for pronouncement this day, this court passed the following:

ORDER

1. Misc. Appeal No. 451/2015 has been filed by the appellants Durgesh and ors. against the award passed by the learned 2^nd Motor Accident Claims Tribunal, Gwalior in M.A.C.C. No. 122/2013 dated 18.02.2015 and Misc. Appeal No. 452/2015 has been filed by the appellants Ramwati and ors. against the award passed by 2^nd Motor Accident Claims Tribunal, Gwalior in M.A.C.C. No. 121/2013 dated

18.02.2015.

2. In M.A. No. 451/2015 award has been assailed on the ground that less compensation has been awarded and an enhancement of Rs. 17,00,000/- is sought, whereas in MA No. 452/2015 is filed for enhancement of compensation amount of Rs. 2,00,000/-.

3. In the concerned Tribunal the claimants Smt. Durgesh, Ramwati and Usha Devi had filed claim petition which was disposed of by common award dated 18.02.2015 that on account of accident dated 17.05.2012 owner and driver Deepak Kumar Ramchandrani while driving Vehicle Car No. MP36 C-1128 rashly and negligently caused the death of Katare Singh and Virendra Singh Goyal. Vehicle was insured with New India Insurance Company. Accident was caused in Datia four lane highway in Police Station Morar, District Gwalior when Virendra Singh Goyal and Katare Singh were going on motorcycle. Katare Singh expired on spot whereas Virendra Singh Goyal expired on same day at hospital and then on information FIR was registered and charge sheet was filed after investigation.

4. In M.A.C.C. No. 121/2013, the learned Tribunal awarded compensation of Rs.1,42,000/- while in M.A.C.C. No. 122/2013 the Tribunal awarded compensation of Rs.3,07,000/-. During course of argument the learned counsel for appellants in M.A. No.452/2015 submitted that no deduction can be made on ground of contributory negligence. Court fees for Rs.2,00,000/- enhancement has been filed whereas in M.A. No. 451/2015 it is