01 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SATISH KUMAR SHARMA ON THE 9^th OF MAY, 2022 MISC. APPEAL No. 4981 of 2018 Between:-

CHOLAMANDLAM MS GENERAL INSURANCE CO.LTD. THR. ASSISTANT MANAGER (LEGAL) REG. OFFICE HARI NIVAS TOWERS, FIRST FLOOR 163, THAMBU CHETTY STREET PARRYS CORNER CHENNAI 600001. OFFICE - GROUND FLOOR PLOT NO. Z-7, JSV TOWER MP NAGAR ZONE 1, WARD NO. 47, BHOPAL (MADHYA PRADESH)

.....APPELLANT (BY SHRI N.S. TOMAR- ADVOCATE )

AND SMT. SAVITRI BAI W/O LATE BHAGWAN LAL SAHU , AGED ABOUT 59 YEARS, OCCUPATION:

1. HOUSE WIFE GRAM GADA PS DHARNAVADA (MADHYA PRADESH)

2. SMT. MAMTA SAHU D/O LT SHRI BHAGWAN LAL SAHU , AGED ABOUT 41 YEARS, OCCUPATION: HOUSEWIFE NEAR GUNA NAGARPALIKA (MADHYA

02 PRADESH)

MUKESH S/O LT SHRI BHAGWAN LAL SAHU , AGED ABOUT 39 YEARS, GRAM GADA POLICE

3.

STATION DHARNAVADA DISTT GUNA (MADHYA PRADESH)

SMT. ANITA D/O LT SHRI BHAGWAN LAL SAHU , AGED ABOUT 36 YEARS, OCCUPATION:

4. HOUSEWIFE LATERI TEHSIL LATERI DISTT VIDISHA (MADHYA PRADESH)

ANIL SAHU S/O LT SHRI BHAGWAN LAL SAHU , AGED ABOUT 36 YEARS, GRAM GADA

5. POLICE STATION DHARNAVADA DISTT GUNA (MADHYA PRADESH)

SMT. NIRAJ SAHU D/O LT SRHI BHAGWAN LAL SAHU , AGED ABOUT 34 YEARS, OCCUPATION: HOUSEWIFE GRAM KADHWAYA

6.

TEHSIL ESHAGADH DISTT ASHOKNAGAR (MADHYA PRADESH)

SONU MALI S/O RAMDAYAL MALI OCCUPATION: DRIVER BHAISANA POST DONGAR

7.

TEHSIL RADHOGARH DISTT GUNA (MADHYA PRADESH)

HAMID KHAN MANSOORI S/O SARDAR KHAN MANSOORI

8.

M.G.ROAD RADHOGARH DISTT GUNA (MADHYA PRADESH)

.....RESPONDENTS

03 (BY SHRI RAJEEV JAIN- ADVOCATE FOR RESPONDENTS NO.1 TO 6)

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

ORDER

This miscellaneous appeal has been filed under Section

173(1) of Motor Vehicle Act by the Insurance company against the award dated 11/08/2018 passed by Motor Accident Claims Tribunal, Guna in Claim Case No.113/2018 whereby total compensation of Rs.9,46,835/- along-with 7% per annum interest has been awarded to the respondents/claimants for the accidental death of deceased Bhagwanlal Sahu died in accident occurred by the Dumper bearing No.M.P.-08-G.A.-1685 which was insured with the appellant/insurance company.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the appellant/Insurance company submits that the appeal has been preferred on quantum. The tribunal has erred in awarding the compensation on the ground of

04 loss of income of the deceased from the shop run by him whereas undisputedly after his death the shop in question is being run by his son. Thus, there is no loss of income to his dependents. The income of the deceased has been calculated on the basis of income tax returns of the two years which is also not sustainable. The awarded amount is excessive. The material facts have not been considered by the tribunal, the appeal deserves to be allowed. He has placed reliance upon the judgments of Supreme Court in the case reported in (2003) 7 SCC 484, State of Haryana and Another Vs. Jasbir Kaur and Others.

Learned counsel for the respondents/claimants has submitted that the tribunal has assessed the income of the deceased Bhagwanlal Sahu on the basis of oral as well as documentary evidence supported by the income tax returns. The tribunal has already deducted the agriculture income of the deceased. The judgment cited by the appellant/insurance company is not applicable in this case. The appeal is baseless which deserves to be dismissed.

05 Heard. Considered.

It is well settled legal position, as expounded in the above cited judgment, that the determination of compensation must be just and reasonable. It should neither be bonanza or the source of profit nor prettence.

On careful perusal of the impugned award and the material available on record, it is found that the claimants have adduced ample oral as well as documentary evidence which is sufficient to substantiate their claim that the deceased was running a shop at Krishi Upaj Mandi. His income is also sup