IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI MISC. APPEAL No. 2606 of 2020 M/S MADHYA PRADESH FLYING CLUB LTD.

Versus HASEENA KHATUN KHAN AND OTHERS Appearance:

Shri G.S. Patwardhan, learned Senior Advocate assisted by Shri Mukul Bhutda, learned counsel for the appellant.

Shri Abhishek Gilke, learned counsel for respondents No.1 to 5.

WITH MISC. APPEAL No. 2743 of 2020 NEW INDIA INSURANCE CO. LTD.

Versus HASEENA KHATUN KHAN AND OTHERS Appearance:

Shri S.V. Dandwate, learned counsel for the appellant.

Shri Abhishek Gilke, learned counsel for respondents No.1 to 5.

MISC. APPEAL No. 2854 of 2020 HASEENA KHATOON KHAN AND OTHERS Versus THE MADHYA PRADESH FLYING CLUB LTD. THROUGH MANAGER DEVI AHILYA BAI HOLKAR AIRPORT AND OTHERS Appearance:

Shri Abhishek Gilke, learned counsel for the appellants.

Shri G.S. Patwardhan, learned Senior Advocate assisted by Shri Mukul Bhutda, learned counsel for respondent No.1.

Heard on : 05.12.2025 Pronounced on : 09.02.2026.

.....................................................................................................................................................................................................................

ORDER These appeals have been filed by the respective appellants against the common award dated 17.03.2020 passed by the Commissioner Employees'

Compensation / Labour Court, Indore in Case No.06/WC/16(F).

1.1 Appeal No.2606/2020 has been filed by the employer (Madhya Pradesh Flying Club Limited) challenging the quantum of compensation.

1.2 M.A. No.2743/2020 has been filed by the Insurance Company against the direction to pay Rs.10,00,000/- again in view of the provisions of Section 8 of the Employee's Compensation Act and Appeal No.2854/2020 has been filed by the legal representatives of the deceased employee also on the question of the quantum of compensation.

1.3 As all three interested parties have filed their respective appeals, for the sake of convenience, they are hereinafter referred to as the employer, the 'Insurance Company' and the 'claimants'.

2. The facts relevant to the case are that the deceased Arshad Noor Qureshi was employed as Manager (Co-ordination) with the employer. The employer M/s Madhya Pradesh Flying Club was operating registered aircraft being registration number VT EUE (Victor Tango Eco Uniform Echo), Model : Cessna-152.

2.1 On 19.11.2014 at around 10:45 AM, deceased Arshad Noor was piloting the said aircraft. Along with him, one Pawan Deep Singh Pabla was also seated in the aircraft. While landing, the aircraft lost balance and as the pilot Arshad Noor could not control it, the aircraft crashed into the ground and was damaged resulting in grievous injuries to both occupants.

2.2 Arshad Noor succumbed to the injuries sustained in the said accident and Pawan Deep Singh sustained grievous injuries to both his legs, spinal bone and other parts of his body. Both were rushed by the personnel of employer to Shri Aurobindo Institute of Medical Sciences Hospital, Indore, where Arshad Noor was declared dead and Pawan Deep Singh was admitted for treatment.

2.3 An inquest was registered in terms of Section 174 of the Cr.P.C. at Inquest No.88/2014.

2.4 The deceased Arshad Noor was 28 years of age at the time of the accident and Pawan Deep was 25 years of age. The aircraft in question was insured with the Insurance Company under Aircraft Insurance Policy which covered the risk of passengers under personal accident insurance to the extent of Rs.10,00,000/- only.

2.5 Consequent to the accident, the claimants filed an application under Sections 4 and 22 of the Employee's Compensation Act, 1923 before the Labour Commissioner for grant of compensation. In the claim petition, it was asserted that the deceased was earning Rs.20,000/- per month as salary and was additionally receiving Rs.300/- per hour for flying. The claim was denied by both, the employer as well as the Insurance Company.

3. The case of the employer was that the actual w