Madhya Pradesh High Court
MA/3824/2022 of RAJJU YDAV Vs OMKAR SINGH LODHI on 1 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANION THE 1[st] OF FEBRUARY, 2024
MISC. APPEAL No. 3824 of 2022
BETWEEN:-
1.RAJJU YADAV S/O JAGDISH YADAV, AGED ABOUT28 YEARS, OCCUPATION: NIL R/O CHOUDHARYMOHALLA PATAN THANA PATA DISTRICTJABALPUR (M.P.) (MADHYA PRADESH)28 YEARS, OCCUPATION: NIL R/O CHOUDHARYMOHALLA PATAN THANA PATA DISTRICTJABALPUR (M.P.) (MADHYA PRADESH)
2.KU. RITU YADAV D/O RAJJU YADAV, AGED ABOUT8 YEARS, OCCUPATION: MINOR THROUGH THEIRNATURAL GUARDIAN FATHER RAJJU YADAV S/OJAGDISH YADAV R/O CHOUDHARY MOHALLAPATAN THANA PATA DISTRICT JABALPUR (M.P.)(MADHYA PRADESH)8 YEARS, OCCUPATION: MINOR THROUGH THEIRNATURAL GUARDIAN FATHER RAJJU YADAV S/OJAGDISH YADAV R/O CHOUDHARY MOHALLAPATAN THANA PATA DISTRICT JABALPUR (M.P.)(MADHYA PRADESH)
3.RAHUL YADAV S/O RAJJU YADAV, AGED ABOUT 7YEARS, OCCUPATION: MINOR THROUGH THEIRNATURAL GUARDIAN FATHER RAJJU YADAV S/OJAGDISH YADAV R/O CHOUDHARY MOHALLAPATAN THANA PATA DISTRICT JABALPUR (M.P.)(MADHYA PRADESH)YEARS, OCCUPATION: MINOR THROUGH THEIRNATURAL GUARDIAN FATHER RAJJU YADAV S/OJAGDISH YADAV R/O CHOUDHARY MOHALLAPATAN THANA PATA DISTRICT JABALPUR (M.P.)(MADHYA PRADESH)
(BY SHRI VINIT KUMAR MISHRA - ADVOCATE)
.....APPELLANTS
AND
1.OMKAR SINGH LODHI S/O PANCHAM SINGHLODHI OCCUPATION: DRIVER OF OFFENDINGVEHICLE MOTOR CYCLE BEARNINGREGISTRATION NO. MP 20NH/4121 R/O H.NO. 167VILLAGE PIPERIYA MOVAI THANA GOTEGAONDISTRICT NARSINGHPUR (M.P.) (MADHYAPRADESH)LODHI OCCUPATION: DRIVER OF OFFENDINGVEHICLE MOTOR CYCLE BEARNINGREGISTRATION NO. MP 20NH/4121 R/O H.NO. 167VILLAGE PIPERIYA MOVAI THANA GOTEGAONDISTRICT NARSINGHPUR (M.P.) (MADHYAPRADESH)
2.SHEIKH SAJID S/O SHEIKH HAJRATOCCUPATION: OWNER OF OFFENDING VEHICLEMOTOR CYCLE BEARING REGISTRATION NO MPNH/4121) R/O THROUGH SHEIKH PAWAN,SHAHPURA, DISTRICT JABALPUR (MADHYAPRADESH)OCCUPATION: OWNER OF OFFENDING VEHICLEMOTOR CYCLE BEARING REGISTRATION NO MPNH/4121) R/O THROUGH SHEIKH PAWAN,SHAHPURA, DISTRICT JABALPUR (MADHYAPRADESH)
3.IFFICO TOKIO GENERAL INSURANCE COMPANYLIMITED, THROUGH MANAGER BRANCH OFFICE,NEAR CHANCHALA BAI COLLEGE, RANITALROAD, DISTRICT JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ADITYA NARAYAN SHARMA - ADVOCATE FOR THERESPONDENT NO.3)
This appeal coming on for orders this day, th e court passed the following:
Heard.
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JUDGMENT
2. This miscellaneous appeal has been preferred by the appellantS/claimantS
for enhancement of the amount awarded by 20th MACT, Jabalpur inM.A.C.C. No. 30/2019 whereby MACT has awarded an amount of Rs.13,74,000/- along with interest @ 7 % per annum w.e.f. 03.01.2019.
3. It is submitted by learned counsel for the appellant that Tribunal hasassumed the income of the deceased @ Rs.6,000/- while the time of accident itwas @7325 as per the circular issued by Labour Commissioner for unskilledlabour. Therefore assumption shall be done in accordance with on the basis ofcircular issued by the Labour Commissioner. On these grounds compensationawarded by the Tribunal may be enhanced.
4 . Per contra counsel for the respondent No.3/Insurance Company submitsthat Tribunal has applied wrong multiplier, it should be 17 instead of 18 lookingto the age of deceased and his son.
5 . After arguments at length and having considered the evidence on record,taking income as @ 7325/- and applying multiplier of 17 and deductingdependency of deceased by 1/3 and adding 40% future prospect the amountcomes to Rs.1,65,680/- therefore, the compensation awarded by the tribunal onvarious heads may be enhanced by Rs.1,65,680/- having regards to the facts culling out from the arguments of both the counsel.
6. Accordingly, in addition to the amount awarded by learned MACT,Jabalpur, an amount of Rs.1,65,680/- is hereby enhanced. The other conditionsimposed by learned MACT, Jabalpur shall remain intact.
7. With the aforesaid observation, this miscellaneous appeal is disposed off.
8. Interim application(s), if any, shall also stand disposed off.
Akm
(RAJENDRA KUMAR VANI)JUDGE