Devendra Singh Kushwaha vs Gajraj Singh Tomar
2022 Latest Caselaw 13967 MP

                                                        1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                   HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                                               ON THE 31st OF OCTOBER, 2022

                                      MISCELLANEOUS APPEAL No. 2360 of 2022

                                 BETWEEN:-
                           1.    DEVENDRA SINGH KUSHWAHA S/O LATE SHRI
                                 UTTAM SINGH KUSHWAHA, AGE 23 YEARS, R/O
                                 VILLAGE LAUHARI KA PURA, P.S. ANDORI,
                                 TEHSIL GOHAD, DISTRICT BHIND (MADHYA
                                 PRADESH)

                           2.    JEEVARAM KUSHWAHA S/O LATE SHRI BADRI
                                 PRASAD KUSHWAHA, AGE 70 YEARS, R/O
                                 VILLAGE LAUHARI KA PURA P.S. ANDORI,
                                 TEHSIL GOHAD, DISTRICT BHIND (MADHYA
                                 PRADESH)

                                                                                 .....APPELLANTS
                                 (BY SHRI AKHILESH GUPTA - ADVOCATE)

                                 AND
                           1.    GAJRAJ SINGH TOMAR S/O R. S. TOMAR, R/O
                                 VILLAGE KHADIYAHAR, AMBAH DISTRICT
                                 MORENA (M.P.) C/O PUSHPENDRA SINGH
                                 SIKARWAR S/O SHIVNATH SIKARWAR R/O
                                 NEAR PHOOTI PULIYA SUNDAR DAS BABA KI
                                 GALI GANESHPURA, MORENA DISTRICT
                                 MORENA (MADHYA PRADESH)

                           2.    PUSHPENDRA SINGH SIKARWAR S/O SHIVNATH
                                 SIKARWAR R/O NEAR PHOOTI PULIYA, SUNDAR
                                 DAS BABA KI GALI, GANESHPURA MORENA
                                 DISTRICT MORENA (MADHYA PRADESH)

                           3.    THE NATIONAL INSURANCE COMPANY LTD.
                                 SANATAN    DHARM      MANDIR   ROAD
                                 INDARGANJ,    LASHKAR   GWALIOR (M.P.)
                                 THROUGH DIVISIONAL MANAGER.

                                                                               .....RESPONDENTS
                                 (SHRI S.N. GAJENDRAGADKAR - ADVOCATE FOR RESPONDENT
                                 NO.3)

                                Th is appeal coming on for hearing this day, the Court passed the
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 31-10-2022
06:10:39 PM
                                                              2
                           following:
                                                              ORDER

Assailing the award dated 27/11/2021 passed by Fifth Additional Member, Motor Accident Claims Tribunal, Gwalior (M.P.) in Claim Case No.40/2019 on the point of inadequacy of the compensation, the claimants have preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 for an accident that took place on 19/09/2018 in which Smt. Meera Devi died.

The appellants 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.79,00,000/- for the death of Smt. Meera Devi. The reply to the claim petition

was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.7,97,909/-.

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 findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants 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 appellants contends that the Tribunal has committed an error while awarding the award of Rs.7,97,909/- 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 deceased was earning Rs.10,000/- per month by doing milk vending work and house work. He further submits that Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 31-10-2022 06:10:39 PM

the amount awarded for loss of funeral expenses, loss of estate & loss of consortium is also 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.1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) in lump sum thereby making the total compensation Rs.9,22,909/-.

In view of the forgoing discussions, the appellants are held entitled to receive the enhanced amount of Rs.1,25,000/- in addition to the amount of compensation already awarded by the Claims Tribunal making the total compensation Rs.9,22,909/-. The enhanced amount (Rs.1,25,000/-) shall carry

interest as per the award. Remaining part of award dated 27/11/2021 passed by Claims Tribunal shall remain intact.

With the aforesaid observations, this Miscellaneous Appeal stands disposed of. No order as to costs.

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 31-10-2022 06:10:39 PM

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 31-10-2022 06:10:39 PM