Punjab Singh vs Mukesh Kumar Chhabra
2022 Latest Caselaw 15833 MP

                                                         01

IN THE HIGH COURT OF MADHYA PRADESH

                    AT G WA L I O R
                         BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL

            ON THE 30th OF NOVEMBER, 2022

               MISC. APPEAL No. 5329 of 2022

BETWEEN:-
PUNJAB SINGH S/O SHRI SUGHAR
SINGH, AGED ABOUT 36 YEARS, R/O
VILLAGE MAHESHWRA POST PANIHAR
(MADHYA PRADESH)
                                           .....PETITIONER
(SHRI RAMESH       PRASAD   GUPTA-   ADVOCATE    FOR   THE
APPELLANT)

AND
   MUKESH KUMAR CHHABRA S/O SHRI
   KASTUR CHAND CHHABRA R/O
1.
   VILLAGE BUDHARA TEHSIL PORST
   (MADHYA PRADESH)
   NATIONAL INSURANCE COMPANY
   LTD    THROUGH     DIVISIONAL
2. MANAGER     JAYENDRA     GANJ
   LASHKAR    GWALIOR   (MADHYA
   PRADESH)
                                         .....RESPONDENTS
(SHRI RAJESH GUPTA, ADVOCDTEL FOR THE RESPONDENT [R-
2].

      This appeal coming on for hearing this day, the court

passed the following:
                                                                    02

                             JUDGMENT

This appeal is filed by the appellant/claimant being aggrieved of award dated 26.07.2022 passed by learned Fourth Motor Accident Claims Tribunal, Gwalior in MACC No.1295/2019.

In brief, facts of the case are that on 14.08.2019 claimant by dumper bearing registration No.M.P.-07-GA-3679 was going from Mohana to Chetgaon along with helper Chhotu Rawat. On way near Ghatigaon due to failure of aforesaid dumper driver Sameer Khan parked dumper by the side of road and by sitting in the dumper waiting for the mechanic to come, at that time, from Mohana side respondent No.1 came driving truck bearing registration No.RJ 11 GB 5645 rashly and negligently and dashed the dumper, due to which, appellant/claimant who was sitting on the seat of cleaner got serious injuries. He was admitted in District Hospital Gwalior, thereafter, admitted in private hospital Gwalior. He was admitted there from 14.08.19 to 23.08.2019. During this period two major operations were conducted. Due to aforesaid accident, report has been lodged by owner of the dumper against offending truck bearing registration No.RJ 11 GB 5645, On his report, Crime No.81/2019 for the offence under Section 279, 337 of IPC was registered. At the time of accident, appellant/claimant used to work as a second driver in the dumper and getting Rs.15,000/- per month as pay. Due to aforesaid accident, he could not perform his duties. He has filed an application under Section

166 of Motor Vehicles Act seeking compensation. The Tribunal, after considering the relevant material available on file allowed the claim petition in part, awarding a sum of 1,94,054/- with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.

The learned counsel for appellant contends that the Tribunal has erred in not awarding reasonable compensation under all the heads and therefore, the amount of compensation should be enhanced reasonably.

Leaned advocate for the appellant/claimant further submitted that he could not work for about 01 year and for operation charges, three months financial loss and under other heads like (special diet, transportation, attendant charges), learned Tribunal has not paid anything.

Per Contra, learned counsel for the respondent/Insurance Company has opposed the submissions and has submitted that the awarded amount is just and reasonable, hence prayed for dismissal

of the appeal.

Heard the learned counsel for the parties and perused the record.

Considering the totality of facts and circumstances of the

case and that appellant suffered grievous injuries in his abdomen and chest, two major operations of the abdomen have taken place, it would be appropriate to award a further sum of Rs.90,000/- (Rs. Ninety Thousand Only) in lump sum in addition to the amount of award already awarded by the Claims Tribunal.

Resultantly, the appeal is allowed in part. The appellant is held entitled to receive enhanced amount of Rs.90,000/- in addition to the amount of compensation already awarded by the Claims Tribunal, making the total compensation of Rs.2,84,054/-. The enhanced amount shall carry interest @ 6% per annum from the date of application till payment. Other terms and conditions of the award shall remain intact.

In above terms, this appeal is partly allowed to the extent indicated above.

(DEEPAK KUMAR AGARWAL) JUDGE van

VANDANA VERMA 2022.12.03 13:35:19 -08'00'