IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 10 OF MAY, 2024 MISC. APPEAL No. 506 of 2016 BETWEEN:-

UNITED INDIA INSURANCE COMPANY LIMITED THROUGH DIVISIONAL MANAGER DIVISIONAL OFFICE NO.1 GTB COMPLEX T.T.NAGAR BHOPAL THROUGH THE INCHARGE T.P.HUB UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE 1454 RAJKIRAN BHAWAN WRIGHT TOWN JABALPUR (MADHYA PRADESH)

.....ADVOCATE (BY SHRI SANJIV KUMAR CHATURVEDI - ADVOCATE)

AND

1. CHANDRASHEKHAR MAKODE S/O KRISHNARAO MAKODE, AGED ABOUT 25 YEARS, OCCUPATION: THROUGH GUARDIAN MOTHER SMT. KAMLA BAI W/O KRISHNARAO MAKOEDE 168 SA-II/G EAST RAILWAY COLONY BHOPAL (MADHYA PRADESH)

2. CHAND KHAN S/O GULAM UDDIN OCCUPATION:

NONE VILL. GARHI, TEH. GAIRATGANJ (MADHYA PRADESH)

3. RAHUL JAIN S/O RAMESH KUMAR JAIN OCCUPATION: NONE GAIRATGANJ, (MADHYA PRADESH)

.....RESPONDENTS (NONE)

MISC. APPEAL No. 505 of 2016 BETWEEN:-

UNITED INDIA INSURANCE COM.LTD. THR. DIVISIONAL MANAGER AND THR. THE INCHARGE T.P. HUB UNITED INDIA INJSURANCE COM.LTD.

Signature Not Verified Signed by: SARSWATI DIVISIONAL OFFICE NO.1 GTB COMPLEX T.T. NAGAR BHOPA, THR. R/O DIVISIONAL OFFICE 1454 RAJKIRAN BHAWAN WRIGHT TOWN JABALPUR (MADHYA PRADESH)

.....APPELLANT (BY SHRI SANJIV KUMAR CHATURVEDI - ADVOCATE )

AND

1. YASHWANT KURMI S/O LATE LEELADHAR KURMI, AGED ABOUT 29 YEARS, OCCUPATION: THR. GUARDIAN MOTHER SMT. UMA KURMI W/OL LATE LEELADHAR KURMI A/A 50 IN FRONT OF DEVIJI MANDIR NISHATPURA RAILWAY COLONY BHOPAL (MADHYA PRADESH)

2. CHAND KHAN S/O GULAM UDDIN VILLAGE GARHI TEAHSIL GAIRATGANJ RAISEN (MADHYA PRADESH)

3. RAHUL JAIN S/O RAMESH KUMAR JAIN DISTRICT RAISEN (MADHYA PRADESH)

.....RESPONDENTS (NONE )

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

ORDER

With the consent of the learned counsel for the appellant, heard finally at motion stage.

2. This common order shall govern the disposal of MA No.505/2016 (United Insurance Co. Ltd. Vs. Yashwant Kurmi and Other) and MA No.506/2016 (United Insurance Co. Ltd. Vs. Chandrashekhar Makode Vs. Others ), arising out of common award dated 28.11.2015 passed in MACC No.1541/2013((United Insurance Co. Ltd. Vs. Yashwant Kurmi and Other) and 1542/2013 (United Insurance Co. Ltd. Vs. Chandrashekhar Makode Vs.

Others ) passed by 12th Additional MACT, Bhopal.

Signature Not Verified Signed by: SARSWATI

3. Both the appeals filed on behalf of Insurance Company challenging quantum of compensation/for reduction of compensation.

4. Learned counsel for the appellant in both the appeals submits that learned Tribunal in both the MACC have wrongly added 50% as future prospect whereas in view of nature of job as well as age of claimants, 40% should have been added as future prospect. Learned counsel for the appellant has confined his arguments to the extent as indicated above. On above ground, it is urged that compensation awarded by tribunal be suitably reduced.

5. I have heard learned counsel for the appellant and perused the record of the case.

6. Perusal of impugned award reveals that Tribunal has added 50% as future prospect.

7. Perusal of MACC No.1542/2013 and 1541/2013 reveals that in both the cases, age of claimants is below 40 years and in both cases claimants are Constable in Police Department.

8. Therefore, in view of nature of job as well as age of deceased and principle laid down in the case of National Insurance Company Ltd. Vs. Pranay Sethi, AIR 2017 SC 5157, tribunal has rightly added 50% as future prospect. Therefore, no illegality has been committed by Tribunal in adding

50% future prospect as above.

9. Hence, no interference is required in the findings recorded by Tribunal.

Therefore, appeals filed by the appellant are dismissed.

10. Appeals filed by the appellants are disposed of accordingly.

(ACHAL KUMAR PALIWAL)

Signature Not Verified Signed by: SARSWATI JUDGE sm Signature Not Verified Signed by: SARSWATI