IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI rd ON THE 3 OF JULY, 2025 MISC. APPEAL No. 4068 of 2023 RAMJILAL Versus JITENDRA CHAURASIYA AND OTHERS Appearance:

Shri Ashfaq Khan - Learned counsel for the appellant.

None for respondents No. 1 and 2 though served.

Shri Bal Krishna Agrawal - Advocate with Shri Dhruv Agarwal -

learned counsel for respondent No.3- Insurance Company.

ORDER This miscellaneous appeal has been preferred by the appellants/claimants for enhancement of the amount awarded by First Additional MACT, Datia vide award dated 21.04.2023 in MACC No.141/2022 whereby MACT has awarded compensation amount of Rs.77,000/- along with interest @6% per annum to the claimant on account of death of deceased in a road accident.

2. The necessary facts for the disposal of this appeal are that on

25.04.2022, at around 8:00 AM, the deceased Ramkali Balmiki was returning from Indergarh to Datia on a motorcycle. She was a pillion rider, and the motorcycle was being ridden by Bhajanlal. When they reached near Indergarh-Datia Road, a car bearing registration No. MP 31 CE 8148, being Signature Not Verified Signed by: MADHU driven rashly and negligently by respondent No.1- Jitendra Chourasiya, hit the motorcycle, causing Ramkali to fall. The car ran over her due to which she sustained grievous injuries. During treatment, Ramkali died. Learned counsel for the appellant submits that the Tribunal has wrongly held that since the appellant, who is the only son of the deceased, got a compassionate appointment, he is not entitled to get the compensation amount for his mother’s death. Learned Tribunal has not assumed the present appellant as dependent upon his mother and only has awarded Rs.77,000/- on the other heads. Being the son of the deceased, the appellant is entitled to compensation. He has relied on the judgment of the Hon’ble Supreme Court in National Insurance Company vs. Rekhaben and Others in Civil Appeal No.8867 of 2012 and Kavita Balothiya and Others vs. Santosh Kumar and Another, Civil Appeal No. 8053 of 2024. It is also submitted by learned counsel for the appellants that the appellant has proved the income of the deceased through Ex.P/25 and by examining a witness in support thereof. The income of the deceased was Rs.39,489/- just before her death. She passed away on 25.04.2022, and as per her date of birth (25.02.1968), she was about 54 years of age at the time of death. It is also submitted by learned counsel for the appellant that the award passed by the learned Tribunal is erroneous and on the lower side; therefore, he seeks enhancement of the compensation amount on the aforesaid grounds.

4. Per-contra learned earned counsel for respondent No.3 – Insurance Company has opposed the prayer on the ground that the learned Tribunal, based on the evidence and the facts and circumstances of the case, has rightly Signature Not Verified Signed by: MADHU awarded Rs.77,000/- in favour of the claimant. The claimant was not dependent on the deceased; therefore, he is not entitled to any compensation amount except Rs.77,000/-. Accordingly, he prays for dismissal of the appeal.

5. Heard the learned counsel for the parties and perused the record.

6. The relevant paragraph No.14, 18 and 19 of judgment of Rekhaben (supra) is reproduced below:

14. At this juncture, it would be apposite to refer to some of the decisions rendered by this Court. In case of Helen C. Rebello and others vs. Maharashtra State Road Transport Corporation and another2 , the insurance company had claimed that the amount which was received by the claimant on account of life insurance was liable to be deducted from the compensation which is payable to the claimants. This contention was rejected by this Court in the following words:

“36. As we have observed, the whole scheme of the Act, in relation to the payment of compensation to the claimant, is a beneficial legislation. The intention of the legislature is made more clear by the ch