Umesh Pandey vs Rajkumar Rajak
2022 Latest Caselaw 16568 MP

                                                                       1
                                        IN    THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 14 th OF DECEMBER, 2022
                                                          MISC. APPEAL No. 5487 of 2019

                                       BETWEEN:-
                                       UMESH PANDEY S/O VISHWANATH PANDEY, AGED
                                       ABOUT 47 YEARS, JAYANTI NAGAR PIPROUDH P.S.
                                       MADHAV NAGR KATNI (MADHYA PRADESH)

                                                                                                  .....APPELLANT
                                       (BY SHRI SUSHIL KUMAR MISHRA, ADVOCATE)

                                       AND
                                       1.    RAJKUMAR RAJAK S/O MOHAN LAL RAJAK,
                                             AGED ABOUT 40 YEARS, OCCUPATION: DRIVER
                                             BUS N MP20PA0549 WARD NO 28 MADAN MOHAN
                                             CHOUBEY WARD BHATTA MOHALLA KATNI
                                             (MADHYA PRADESH)

                                       2.    ASHISH KUMAR UPADHYAY S/O RAVI SHANKAR
                                             JAG MOHAN WARD PANAGAR (MADHYA
                                             PRADESH)

                                       3.    THE ORIENTAL INSURANCE CO.LTD ZONE
                                             OFFICER 6,7,8 DATT.RESIDENCY NORTH CIVIL
                                             LINES (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                       (BY SHRI RAKESH JAIN, ADVOCATE)

                                             This appeal coming on for admission this day, th e court passed the
                                       following:
                                                                        ORDER

This appeal is filed by the claimant being aggrieved of award dated

Signature Not Verified SAN 08.07.2019 passed by learned 9th Additional Motor Accident Claims Tribunal,

Digitally signed by MOHD TABISH KHAN Date: 2022.12.16 16:44:19 IST Jabalpur in Claim Case No.790/2015 on the ground that Tribunal has awarded

meager amounts under different heads of compensation and has considered 5% disability in place of 25% certified by the Doctor and has thus committed an error in making computation of loss of income and also computation of compensation under other heads.

Shri Rakesh Jain, learned counsel for the Insurance Company supports the award and submits that no evidence was led to prove the functional disability in terms of the judgment of Supreme Court in Raj Kumar Vs. Ajay Kumar, 2011 ACJ 1 . He further submits that it has come on record that permanent disability certificate was issued prior to obtaining X-ray report etc which could have been the foundation for issuance of permanent disability

certificate.

After hearing learned counsel for the parties and going through the record, it is evident that Mohan Lal Gupta Memorial Hospital and Research Centre, Katni issued a discharge card in relation to the claimant Umesh Pandey in which it is mentioned that it is a case of alleged history of road accident run over bus, There was a fracture of pelvic bone with fracture of right iliac wing with rupture of urethra with crush injuries of abdomen with bladder and intestine exposed with hemorrhagic shock ARF with testing exposed.

Taking these facts into consideration when award is perused then it is evident that Tribunal has awarded a sum of Rs.76,544/- under the head of loss of earning capacity and a sum of Rs.1,31,464/- under the head of treatment and further sum of Rs.11,000/- under different heads i.e. attendant, diet, transport and pain and suffering.

Looking to the facts of the case and the nature of the injuries as are Signature Not Verified SAN

evident from Ex.P-19, a discharge card, a sum of Rs.50,000/- under the head of Digitally signed by MOHD TABISH KHAN Date: 2022.12.16 16:44:19 IST

fracture and another sum of Rs.50,000/- under the head of pain and suffering

will meet the ends of justice.

Date of the accident is mentioned as 27.02.2015, therefore, taking into consideration that such fracture and the nature of injuries take at least four to five months to heal, a sum of Rs.25,000/- @Rs.5000/- per month is awarded under the head of attendant and another a sum of Rs.20,000/- @ Rs.4,000/- per month under the head of nutritious diet, another sum of Rs.25,000/- under the head of physiotherapy, future treatment etc. Besides this, claimant with be entitled to a sum of Rs.32,000/- under the head of loss of income for a period of four months due to accident. Thus, there will be addition to the tune of Rs.2,02,000/- (Rupees Two Lacs Two Thousand Only). This additional amount will also carrying interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. Other terms and conditions of the award shall remain intact.

In above terms, appeal is disposed of.

Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.12.16 16:44:19 IST