IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 18 OF MARCH, 2024 MISC. APPEAL No. 167 of 2017 BETWEEN:-

1. SMT. CHANDRAKANTI SINGH W/O ANIL KUMAR SINGH, AGED ABOUT 46 YEARS, R/O SIDDARTH NAGAR, NEAR NAVRANG PARK BANK COLONY STNA, PS KOLGAWAN, TAH-RAGHURAJ NAGAR (MADHYA PRADESH)

2. ANIL KUMAR SINGH BAGHER S/O GAJENDRA BAHADUR SINGH, AGED ABOUT 52 YEARS, R/O SIDDARTH NAGAR, NEAR NAVRANG PARK BANK COLONY STNA, PS KOLGAWAN, TAH-RAGHURAJ NAGAR (MADHYA PRADESH)

.....APPELLANTS (BY SHRI ARUBENDRA SINGH - ADVOCATE)

AND

1. MR. BIDHAN CHA. CHATERJEE GENERAL MANAGER (CONSTRUCTION) GANNON DUNKERLEY AND CO. LTD. 4300 MW SEPCO POWER PLANT PROJECT P.O BALCO NAGAR DIST.

KORBA (CHHATTISGARH)

2. AJIJ AHMED S/O BDUL HABIB, AGED ABOUT 28 YEARS, BUDHWARI BAZAR, NEAR GANDHI PUTLA RAIPUR (CHHATTISGARH)

3. VINODKUMAR SINGH S/O BACHCHA SINGH, AGED ABOUT 38 YEARS, MIG 36 R.P NAGAR.

NAGAR KORBA (CHHATTISGARH)

4. DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. LTD. CHOURASIYA COMPLEX, SEMARIYA CHOWK (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ALOK HOONKA - ADVOCATE FOR RES. NO.4.)

Signature Not Verified Signed by: LALIT SINGH This appeal coming on for admission this day, the court passed the following:

JUDGMENT

Heard.

2. This miscellaneous appeal has been preferred by the appellants/claimants for further enhancement of Rs. 8,00,000/- of the amount awarded by 2nd MACT, Satna in M.A.C.C. No. 2/2014 whereby MACT has awarded an amount of Rs.

8,45,000/- along with interest @ 7.5 % per annum w.e.f. on 18.08.2011.

3. The facts necessary for disposal of the present appeal in brief are that on 01.01.2011, deceased was traveling by bus and going to Korba. The driver of the offending vehicle bearing registration No. CG-12-ZA-0130 driven rashly and negligently manner, resultantly bus was overturned and in the said accident, Gaurav Priyank Singh has died.

4 . Learned counsel for the appellants submits that learned tribunal has assumed the income of the deceased as Rs. 10,000/- and assessed the total compensation as Rs. 8,45,000/- but the learned tribunal has applied the multiplier of 13 while at the time of accident the deceased was 24 years of age, therefore, multiplier of 18 was to be applied. It is submitted that assuming the income of Rs. 10,000/- per month, yearly income is Rs. 1,20,000/- and since 40% of future prospects has not been granted in favour of the claimant, adding thereto the amount comes to Rs. 1,68,000/-, deduction 1/2 of it is Rs. 84,000/- and applying multiplier of 18 to it, the amount comes to Rs. 15,12,000/-. On the other head the loss of consortium to both the appellants equal to Rs. 80,000/- and adding thereto the loss of estate and funeral charge, the amount come to Rs. 1,10,000/-, therefore, total compensation amount is Rs. 16,22,000/-. While the learned tribunal has awarded only Rs. 8,45,000/-

Signature Not Verified Signed by: LALIT SINGH therefore, the difference amount of Rs. 7,77,000/- ought to be enhanced in favour of the claimants.

5. Per contra, Per contra, learned counsel for the respondent/insurance company submits that proper compensation has been awarded on various heads.

6. Having heard learned counsel for the parties and after perusal of the record, it is found that learned triunal has applied wrong multiplier it ought to be 18 instead of 13. More so, future prospects is also not granted by the learned tribunal. Therefore, as per para 17 of the impugned award, assuming the income of the deceased as Rs. 10,000/- per month, yearly income is Rs. 1,20,000/- and adding 40% future prospects it comes to Rs. 1,68,000/- and after deducting 1/2 of it and adding multiplier of 18 to each, amount comes to Rs. 15,12,000/-. Rs. 80,000/- as loss of consortium to each claimants and Rs. 30,000/- estate loss and funeral charges be added to it, the amount comes to Rs. 16,22,000/-. While the learned tribunal has awarded Rs. 8,45,000/-. Therefore, in considered opinion of this Court, the difference amount come