Narendra Kumar Soni vs Rajendra Kumar Patel
2021 Latest Caselaw 6254 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR



 MICS. APPEAL NO.                                1901 /2017
 Parties Name                  NARENDRA KUMAR SONI
                                      VS.
                               RAJENDRA KUMAR PATEL AND OTHERS
 Bench Constituted             Single Bench
 Judgment delivered By         HON'BLE SHRI JUSTICE VISHAL DHAGAT
 Whether       approved   for YES/NO
 reporting
 Name of counsel for parties For Appellant: Shri Kapil Patwardhan, Advocate.

                               For Respondents: Shri Anoop Nair with Ms. Shikha

Sharma, Advocate.

 Law laid down                 -
 Significant       paragraph -
 number


                                        (ORDER)
                                       30/09/2021

Appellant has filed the present miscellaneous appeal for enhancement

of compensation award dated 21.02.2017 passed by 2nd Additional Motor

Accident Claims Tribunal, Jabalpur in miscellaneous claim case

no.639/2015.

2. Learned counsel for the appellant submitted that there was an accident

between Mahindra Pickup vehicle and Bus bearing No.MP-51/P/0885 on

02.01.2010. Appellant-Narendra Kumar Soni suffered serious injuries on his

head, right hand elbow, right shoulder and knees. Appellant filed a claim

case for getting compensation amount of Rs.4,30,000/-. Learned Claims

Tribunal after considering the evidence available on record awarded

following compensation:-

"35- vkosnd ujsUnz lksuh ds fMLpktZ dkMZ izih&6 ds vuqlkj og fnukad&03-01-2010 ls 11-01-2010 rd yxHkx 8 fnu vLirky esa HkrhZ jgk gS] mls vfLFkHkax gqvk gSA bu ifjfLFkfr;ksa

esa vkosnd dks fuEu {kfriwfrZ jkf'k fnyk;h tkuk mfPkr izrhr gksrk gSA

v- fo'ks"k Hkkstu] lgk;d ,oa lokjh vkfn dk O;; ,oa 5]000/- vLirky esa jgus dh vof/k rFkk vU; bykt ds nkSjku O;;

c- vkS"k/k rFkk Qhl dk okLrfod O;; 3]908/- l- vtZu dh gkfu o lq[k lqfo/kkvksa esa deh] nnZ o 35]000/- ihM+k ds fy,¼xaHkhj pksVksa dks n`f"Vxr j[krs gq,½

n- vkxs bykt pkyw j[kus ds fy, 5]000/-

                 ;- nks ekg dk;Z o lgk;d ds fy;s                    6]000/-

                 dqy ;ksx                                           54]908/-

3. Learned counsel appearing for appellant submitted that a lump-sum

compensation amount of Rs.50,000/- be awarded to him over and above what

has been awarded by the Claims Tribunal. It is submitted that appellant was

not able to work for about six months and no amount of compensation has

been awarded under said head, therefore, Rs.50,000/- may be awarded under

the said head.

4. Learned counsel appearing for Insurance Company submitted that

appellant has not received any permanent disability in the accident. Injuries

caused to the appellant has not been proved before the Claims Tribunal. It is

further submitted by him that Claims Tribunal has already awarded just and

fair compensation to the appellant, therefore, appeal filed by appellant may

be dismissed.

5. Heard the counsel for the appellant as well as Insurance Company.

6. Considering the facts and circumstances of the case and also the record

of claim case particularly the discharge ticket (Ex.P/6), it is found that

appellant has suffered fracture in frontal bone pneumocephalus. Said injury

has been caused in frontal bone CT brain plain which would have restricted

the active working of petitioner for some time.

7. Appellant may not have been able to work for about three months. In

view of same, lump-sum amount of Rs.25,000/- is awarded to appellant for

period during which he was not able to work. Enhanced amount of

Rs.25,000/- be deposited by Insurance Company within period of one month

and if said amount is not deposited within one month then enhanced amount

will carry an interest of 6% per month till same is deposited.

8. Miscellaneous appeal is disposed of.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2021.09.30 16:14:36 +05'30'