IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI MISC. APPEAL No. 2604 of 2020 M/S MADHYA PRADESH FLYING CLUB LTD.

Versus PAWANDEEP SINGH PABLA 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 respondent No.1.

WITH MISC. APPEAL No. 2742 of 2020 THE NEW INDIA INSURANCE CO. LTD.

Versus PAWAN DEEP SINGH PABLA AND OTHERS Appearance:

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

Shri Abhishek Gilke, learned counsel for respondent No.1.

MISC. APPEAL No. 2855 of 2020 PAWANDEEP SINGH PABLA Versus THE MADHYA PRADESH FLYING CLUB LTD. THROUGH MANAGER DEVI AHILYA BAI HOLKAR AIRPORT AND OTHERS Appearance:

Shri Abhishek Gilke, learned counsel for the appellant.

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, Employee's Compensation, Labour Court, Indore in Case No.48/WC/2015 (NF).

1.1 Appeal No.2604/2020 has been filed by the employer (Madhya Pradesh Flying Club Limited) challenging the quantum of compensation.

1.2 M.A. No.2742/2020 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.2855/2020 has been filed by the 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 claimant or injured'.

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 (injured) 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 the 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 Sri Aurobindo Institute of Medical Sciences Hospital, Indore, where Arshad Noor was declared dead and Pawan Deep 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.

3. The case of the employer was that the actual wages of Rs.30,000/-

cannot be taken into consideration in view of the upper limit provided in Section 4 of the Employee's Compensation Act which according to the employer was Rs.8,000/- per month. It was thus contended that the entire amount of compensation had already been paid through the insurer by issuance of cheque of Rs.10,00,000/- which had duly been received.

3.1 The Insurance Company on the other hand denied its liability by asserting th