Madhya Pradesh High Court
Kamlesh Patel vs Ramakant Patael on 21 December, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 21 st OF DECEMBER, 2022
MISC. APPEAL No. 691 of 2021
BETWEEN:-
KAMLESH PATEL S/O SHRI RAMKHELAWAN PATEL,
AGED ABOUT 32 YEARS, OCCUPATION: TRUCK OWNER
AND DRIVER VILLAGE NEW MIRGAUATI PS. AND TEH.
RAMNAGAR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI DINESH PRASAD PATEL, ADVOCATE)
AND
1. RAMAKANT PATAEL S/O JAGDEESH PRASAD
PATEL, AGED ABOUT 35 YEARS, VILLAGE
BHITARI P.S. RAMNAGAR (MADHYA PRADESH)
2. DHARMENDRA TIWARI S/O PARSANGI RAM
TIWARI OCCUPATION: NOT MENTION R/O
VILLAGE GORSARI, P.S. RAMNAGAR DISTT.
SATNA (MADHYA PRADESH)
3. GENERAL INSURANCE CO. LTD. MAGMA HOUSE
24 PARK STREET KOLKATA (WEST BENGAL)
.....RESPONDENTS
(BY SHRI RAGHUWANSH PRASAD MISHRA, ADVOCATE FOR
RESPONDENTS NO.1 AND 2)
(BY SHRI T.S. LAMBA, ADVOCATE FOR RESPONDENT NO.3)
MISC. APPEAL No. 4890 of 2019
BETWEEN:-
MAGMA HDI GENERAL INSURANCE CO.LTD. THR.
Signature Not Verified
SAN MAGMA HOUSE 24 PARK STREET KOLKATA OFFICE AT
MAGMA HDI GENERAL INSURANCE CO.LTD. THIRD
Digitally signed by MOHD TABISH KHAN
Date: 2022.12.22 13:43:06 IST
FLOOR PLOT NO.93 SCHEME NO.47 ABOVE STATE
BANK OF INDIA SAPNA SANGEETA ROAD INDORE
2
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI T.S. LAMBA, ADVOCATE FOR THE INSURANCE COMPANY)
AND
1. KAMLESH PATEL S/O RAMKHILAWAN PATEL,
AGED ABOUT 32 YEARS, NEW GIRGOTI POLICE
STATION TAHSIL RAMNAGAR (MADHYA
PRADESH)
2. RAMAKANT PATEL S/O JAGDISH PRASAD PATEL,
AGED ABOUT 35 YEARS, VILLAGE BHITARI P.S
RAMNAGAR (MADHYA PRADESH)
3. DHARMENDRA TIWARI S/O PARSANGI RAM
TI WA R I VILLAGE GORSARI P.S RAMNAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI DINESH PRASAD PATEL, ADVOCATE FOR RESPONDENT NO.1)
(BY SHRI RAGHUWANSH PRASAD MISHRA, ADVOCATE FOR
RESPONDENTS NO.2 AND 3)
These appeals coming on for admission this day, the court passed the
following:
ORDER
Heard on I.A. No.1777/2021, an application under Section 5 of the
Limitation Act seeking condonation of delay. As per office report, there is delay
of 90 days in filing the appeal in the light of the Supreme Court Judgment dated
23.03.2020.
For the reasons stated in the application which is duly supported by an
affidavit, I.A. No.1777/2021 is allowed and delay of 90 days is hereby
condoned.
These appeals are filed by the claimant and Insurance Company
Signature Not Verified
SAN respectively being aggrieved of award dated 22.06.2019 passed by learned 2nd
Digitally signed by MOHD TABISH KHAN
Date: 2022.12.22 13:43:06 IST Additional Motor Accident Claims Tribunal, Maihar, District Satna in Motor
Accident Claim Case No.100003/2015 whereby learned Tribunal has awarded
compensation of Rs.3,66,525/-.
Plea of the insurance company in their appeal is that accident took place
on 01.02.2014, FIR was lodged on 04.02.2014 against unknown Sonalika New
Tractor bearing registration No.M.P.19-AB 7541, Tractor was seized on
24.02.2014.
It is submitted that it is a case of false implication.
On the other hand, Shri Dinesh Prasad Patel, learned counsel for the
applicant submits that meager amounts have been awarded, overlooking the
aspect of 50% permanent disability on the ground that Dr.R.N. Soni s/o Shri
Ramniranjan Soni, Medical Specialist District Hospital Satna was examined,
who expressed post head injury hemiparesis left as a reason for 50% permanent
disability.
After hearing learned counsel for the parties and going through the
record, it is evident that insurance company has placed lot of reliance on the
witness of the criminal case who was examined before the Tribunal namely Shri
Ravikant Vishwakarma, who denied the factum of accident whereas accident
was proved by Shri Kamlesh Patel, claimant and there is no evidence of the
owner driver of the tractor to deny the factum of accident, therefore, in my
opinion insurance company failed to prove the aspect of false implication and
thus their appeal deserves to be dismissed and is hereby dismissed.
As far as, appeal filed by the claimant is concerned, contrary to the
evidence given by Dr.R.N. Soni, claimant himself has admitted in para 10 of his
cross-examination that he is fully recovered and has come to court in a healthy
Signature Not Verified
SAN
state he has not produced any document to show that his brain is not
Digitally signed by MOHD TABISH KHAN
Date: 2022.12.22 13:43:06 IST
functioning well, he has not produced any document that he cannot carry out
any vocation requiring hard work.
Taking these facts into consideration, it is evident that evidence of the
injured witness Kamlesh Patel is contrary to the medical certificate Ex.P-10 as is
mentioned in para 10 of his cross-examination, therefore, no amount is required
to be awarded under the head of permanent disability.
Therefore, in view of such facts, non award or any amount under the
head of permanent disability cannot be said to be are illegal or arbitrary, on the
other heads, award appears to be just and correct except that only a sum of
Rs.15,000/- (Rupees Fifteen Thousand Only) is awarded under the head of
mental agony and pain which needs to be enhanced to Rs.25,000/- (Rupees
Twenty Five Thousand Only).
Similarly, looking to the fact that accident took place on 01.02.2014,
award of compensation under the head of attendant, nutritious diet and
transport @ of Rs.15,000/- (Rupees Fifteen Thousand Only) needs to be
enhanced to Rs.30,000/- (Rupees Thirty Thousand Only). Thus, there will be
addition of Rs.25,000/- (Rupees Twenty Five Thousand Only) to which
claimant will be entitled to. 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. Other terms and condition of the award shall remain intact.
However, there is actual delay of about 1 year 5 months, therefore,
claimant is not entitled for any interest for that period.
In above terms, both the appeals are disposed of.
Record of the Tribunal be sent back.
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2022.12.22 13:43:06 IST
(VIVEK AGARWAL)
JUDGE
Tabish
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2022.12.22 13:43:06 IST
