The Oriental Insurance Company ... vs Ishwar Dhurve
2022 Latest Caselaw 15889 MP

                                                     1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                          ON THE 1 st OF DECEMBER, 2022
                                            MISC. APPEAL No. 640 of 2021

                          BETWEEN:-
                          THE ORIENTAL INSURANCE COMPANY LIMITED
                          BRANCH MANAGER THE ORIENTAL INSURANCE
                          COMPANY LIMITED DEPUTY MANAGER IN CHARGE
                          T.P. HUB, 1561, DR. BARAT ROAD RUSSEL CHOWK
                          JABALPUR (MADHYA PRADESH)

                                                                             .....APPELLANT
                          (BY SHRI GULAB CHAND SOHANE, ADVOCATE)

                          AND
                          1.    ISHWAR DHURVE S/O VAISHAKU DHURVE, AGED
                                ABOUT 40 YEARS, AT PRESENT NEAR LABOUR
                                CHOWK GARHA TEHHIL AND DISTT. JABALPUR
                                (MADHYA PRADESH)

                          2.    RAJESH KUMAR UAIKE S/O SHRI GANPAT UAIKE
                                OCCUPATION: NOT MENTION       JHAGDABO,
                                AMARWARA, TEH AND DISTT. CHHINDWARA
                                (MADHYA PRADESH)

                          3.    MUBEEN MANSOORI S/O SHRI SHAIKH SLAMAN
                                OCCUPATION: NOT MENTION WARD NO. 8,
                                AAZAD WARD, AMARWARA, TEH. AND DISTT.
                                CHHINDWARA (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                          (SHRI SHAILENDRA SINGH THAKUR, ADVOCATE FOR THE CAVEATOR)

                                            MISC. APPEAL No. 645 of 2021

                          BETWEEN:-
                          THE ORIENTAL INSURANCE COMPANY LIMITED
                          THROUGH BRANCH MANAGER 1ST FLOOR CHAMBER
                          BHAWAN, CIVIC CENTER JABALPUR , NOW TO BE
                          REPRESENTED BY THE ORIENTAL INSURANCE
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 12/6/2022
10:49:59 AM
                                                       2
                          COMPANY LIMITED DEPUTY MANAGER IN CHARGE
                          T.P. HUB, 1561, DR. BARAT ROAD RUSSEL CHOWK
                          JABALPUR (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI GULAB CHAND SOHANE, ADVOCATE)

                          AND
                          1.    RAMESH PARTETI S/O SHRI FAGULAL PARTETI,
                                AGED ABOUT 47 YEARS, WARD NO.1, POST AMLA
                                DEPO AMLA DISTT. CHHINDWARA (M.P.) AT
                                PRESENT NEAR LABOUR CHOWK GARHA, TEHSIL
                                AND   DISTT.  JABALPUR   (M.P.) (MADHYA
                                PRADESH)

                          2.    RAKESH KUMAR UAIKE S/O SHRI JANPAT UAIKE
                                OCCUPATION: NOT MENTION       JHAGDABO,
                                AMARWARA, TEH. AND DISTT. CHHINDWARA,
                                (MADHYA PRADESH)

                          3.    MUBEEN MANSOORI S/O SHRI SHAIKH SLAMAN
                                OCCUPATION: NOT MENTION WARD NO. 8,
                                AAZAD WARD AMARWARA, TEH. AND DISTT.
                                CHHINDWADA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (SHRI SHAILENDRA SINGH THAKUR, ADVOCATE FOR THE CAVEATOR)

                                These appeals coming on for admission this day, the court passed the
                          following:
                                                              ORDER

These appeals are filed by the Insurance Company being aggrieved of

award dated 9t h December, 2020 passed by the learned II Additional Motor Accident Claims Tribunal, Jabalpur in M.V.C. Nos. 3463/18 and 3464/18 on the ground that the Tribunal has arbitrarily construed cent percent disability whereas certified disability is only 80%.

Shri Shailendra Singh Thakur, learned counsel submits that there is amputation of legs. The claimants are Agriculturists. The amputation of legs has deprived them of earning their livelihood, therefore, the Tribunal has rightly

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 12/6/2022 10:49:59 AM

construed functional disability as cent percent.

Therefore, in the light of the judgment of Hon'ble Supreme Court in Sri Chanappa Nagappa Muchalagoda Vs. Divisional Manager, New India

Insurance Company Limited decided on 10 th December, 2019 in Civil Appeal No. 9306 of 2019 arising out of [SLP (Civil) No. 31909 of 2017], functional disability is to be taken into consideration. When Agriculturist has lost his leg in amputation, then schedule under the Workmen Compensation Act as suggested by Shri Gulab Chand Sohane will not be applicable but functional disability is to be construed as cent percent as has been considered by the Hon'ble Supreme Court in the case of Sri Chanappa Nagappa Muchalagoda (supra) wherein in the case of 60% disability, the Hon'ble Supreme Court has construed it to be cent percent.

Accordingly, there is no substance in the appeals calling for interference in the impugned award.

The appeals fail and are dismissed.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 12/6/2022 10:49:59 AM