IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK AGARWAL

ON THE 23 rd OF JUNE, 2023

MISC. APPEAL No. 668 of 2021

BETWEEN:-

RUBINA ANJUM W/O LATE GULAM RAJIK, AGED ABOUT 26 YEARS, 350/1 TEDI NEEM MOTI NAGAR SHASTRI WARD TEH. AND DIST. JABALPUR MP (MADHYA PRADESH)

.....APPELLANT

(BY SHRI M. SHAFIQULLAH - ADVOCATE)

AND

• 1. SABIR KHAN S/O CHOTE KHAN OCCUPATION: DRIVER WARD NO. 10 RAJA NAGAR BALAGHAT TEH. AND DIST. BALAGHAT MP (MADHYA PRADESH)
• 2. PAWAN KUMAR SONDHIYA S/O RAMAN SINGH S O N D H I YA PRITHVIRAJ CHOHAN WARD BHAIRAVGANJ (MADHYA PRADESH)
• 3. / UNITED INDIA INSURANCE CO.LTD. BRANCH INFRONT OF ASHOK HOTEL WRIGHT TOWN (MADHYA PRADESH)

.....RESPONDENTS

(SMT. AMRIT RUPRAH - ADVOCATE FOR THE RESPONDENT NO.3)

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

following:

ORDER

Heard on I.A.No.1710/2021, an application seeking condonation of delay

in filing the appeal. There is delay of 410 days.

On due consideration, so also the reasons assigned in the application

supported with an affidavit, the same is allowed. The delay in filing the appeal is, hereby, condoned. However, it is made clear that if there is any enhancement, then the enhanced amount will not earn interest for the delayed period.

Shri Shafiqullah, learned counsel for the claimants submits that he has paid deficit court fees of Rs.1250/- vide Online Court Fee ID No.140083/2023 dated 23.06.2023 and prays for permission to amend the valuation. In support of the said submission he has filed a copy of Online Court Fee ID No.140083/2023 dated 23.06.2023, therefore, prayer is made that the Court fee may be taken on record.

This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act, 1988, is filed by the claimant being aggrieved of the award dated 30.09.2019, passed by learned XVI Additional Motor Accident Claims Tribunal, Jabalpur (M.P.), in MACC No.1879/2017. This appeal is originating as an injury case.

It is submitted that learned Tribunal has construed income of the victim Smt. Rubina Anjum, at Rs.3,000/- per month or Rs.36,000/- per annum, whereas, on the date of the accident, even minimum wages for an unskilled labourer were to the tune of Rs.7125/- per month or Rs.85,500/- per annum and if computation is made accordingly, then claim will be substantially enhanced. Tribunal has construed 30% disability resulting in loss of earning capacity that comes out to Rs.25,650/- per annum.

Smt. Amrit Ruprah, reading paras 22 and 23 supports the award and submits that it has come on record that claimant was earning her livelihood through work of stitching etc. There is no finding of Dr. Sharad Dwivedi, as to the functional disability in terms of the law laid down by Supreme Court in Raj

Kumar Vs. Ajay Kumar and another [(2011) 1 SCC 343].

Taking overall facts and circumstances of the case, even if 20% functional disability is construed in terms of the evidence of Dr. Sharad Dwivedi, then loss of earning capacity comes out to Rs.17,100/- on the basis of the minimum wages which were operating on the date of the accident. 40% is to be added towards the future prospects as deceased was less than 40 years of age. Multiplier of 17 as applied by the Tribunal when applied, takes total loss of earning capacity to Rs.4,06,980/-(Four Lacs, Six Thousand, Nine Hundred and Eighty) against a sum of Rs.2,57, 040/-(Rupees Two Lacs, Fifty Seven Thousand and Forty) awarded by Tribunal. Thus, there will be addition to the tune of Rs.1,49,940/-(Rupees One Lakh, forty Nine Thousand, Nine Hundred and Forty), which will be admissible in favour of the claimant. This additional amount will also earn interest @ 6% per annum from the date of filing of the Claim Petition, till the date of actual payment, except for the period of delay of 410 days in filing the appeal. Other terms and conditions of the award shall remain intact.

In above terms, appeal is disposed of. Record of Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE

A.Praj.