Rinku vs Mayank Bhai Janu Bhai Patel
2022 Latest Caselaw 15384 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        MA No. 2370 of 2022
                                             (RINKU Vs MAYANK BHAI JANU BHAI PATEL AND OTHERS)

                           Dated : 22-11-2022
                                 Shri Akhlesh Gupta - Advocate for the appellant.

                                 Shri Shriniwas Gajendragadkar - Advocate for the respondent
                           No.2/Insurance Company.
                                 I.A. No.5422 of 2022, an application has been filed on behalf of the
                           applicant seeking correction/modification of the order dated 15.11.2022 passed
                           in the instant case by this Court.

                                 On perusal of record as well as order dated 15.11.2022, it appears that
                           the said order has been passed inadvertently due to typographical error.
                           Therefore, the same deserves to be rectified. Accordingly, in place of order
                           dated 15.11.2022, it shall be read as under:-
                                                                ORDER

Assailing the award dated 15.02.2022 passed by Fifth, Motor Accident Claims Tribunal, Gwalior (M.P.) in Claim Case No.400067 of 2016 on the point of inadequacy of the compensation, the claimant has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 for an accident that took place

on 04.02.2015.

The appellant had filed the claim petition under Section 166 r/w Section 140 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.9,00,000/- for his injuries. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.80,000/-.

It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these Signature Not Verified Signed by: PAWAN KUMAR Signing time: 23-11-2022 10:29:37 AM

findings are recorded in favour of claimant/s by the Tribunal. Secondly, none of these findings though recorded in claimant/s favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

Learned counsel for the appellant contends that the Tribunal has committed an error while awarding the award of Rs.80,000/- as the same is on lower side and deserves to be enhanced. It is further submitted that Claims Tribunal did not consider the aspect that the appellant was earning Rs.6,500/-

per month by doing private job in Pawan Putra Factory. He further submits that the amount awarded in all heads are on lower side. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for.

O n the other hand, learned counsel appearing for the respondent /Insurance Company contends in support of the findings of the Claims Tribunal a n d submitted that the compensation as awarded by the impugned award appears to be just and reasonable, however, interference by this Court for enhancement of the compensation is not warranted.

Heard learned counsel for the rival parties and perused the documents available on record.

After having heard learned counsel appearing for the parties and on perusal of the pleadings and the evidence so adduced, in the opinion of this Court, the compensation as awarded by the Claims Tribunal is liable to be enhanced by Rs.55,000/- (Rupees Fifty Five Thousand only) in lump sum

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 23-11-2022 10:29:37 AM

thereby making the total compensation Rs.1,35,000/-.

In view of the forgoing discussions, the appellants are held entitled to receive the enhanced amount of Rs.55,000/- in addition to the amount of compensation already awarded by the Claims Tribunal making the total compensation Rs.1,35,000/-. The enhanced amount (Rs.55,000/-) shall carry interest as per the award. Remaining part of award dated 15.02.2022 passed by Claims Tribunal shall remain intact.

I.A. No. 5422 of 2022 stands disposed of in above terms. Since the instant case has already been disposed of, therefore let the matter be consigned to the record room.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn*

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 23-11-2022 10:29:37 AM