Rajesh vs M/S Force Motors
2023 Latest Caselaw 6775 MP

                                          -1-


IN THE              HIGH COURT OF MADHYA PRADESH
                          AT I N D O R E
                           BEFORE
                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                           ON THE 26th OF APRIL, 2023


                          MISC. APPEAL No. 5704 of 2019

BETWEEN:-
RAJESH S/O LATE BALWANTSINGH KAUSHAL,
AGED ABOUT 38 YEARS, OCCUPATION: TRANSPORT
654, SCHME NO.51, SANGAM NAGAR INDORE
(MADHYA PRADESH)
                                                                             .....APPELLANT
(BY SHRI VIJAY SINGH CHOUHAN, LEARNED COUNSEL FOR THE
APPELLANT)

AND
     M/S  FORCE   MOTORS    MANAGER    9/5,
1.
     MANORMAGANJ INDORE (MADHYA PRADESH)
   BADRILAL S/O BHERULAL MALVIYA, AGED
   ABOUT 37 YEARS, OCCUPATION: DRIVER R/O:
2.
   59/2 SHRIRAM NAGAR PALDA , THANA -SAYOGITA
   INDORE (MADHYA PRADESH)
   MANAGER    BAJAJ  ALLIANZ    GENERAL
   INSURANCE COMPANY LTD. 7,RACE COURSE
3.
   ROAD COMMERCE HOUSE , INDORE (MADHYA
   PRADESH)
                                                                         .....RESPONDENTS
(BY SHRI MAYANK                  UPADHYAY,          LEARNED          COUNSEL         FOR       THE
RESPONDENT NO.3)
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           This application coming on for orders this day, the court passed
the following:
                                -2-


                               ORDER

The appellant has filed this appeal under Section 173 of the Motor Vehicle Act seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal against the judgment dated 25.07.2019 in Claim Case No.1930/2017 whereby Claims Tribunal has awarded Rs.4,48,867/- to the appellant.

2. After arguing at length, counsel for the parties have come to the consensus that if any enhancement can be done that is only under the head of assessment in respect of disablement. The appellant was examined by the Medical Board who found 45% of permanent disablement and issued the certificate. The appellant examined by Dr. Asish Mehrotra, M.D. Orthopedic. According to him, the appellant suffered 20% whole body permanent disablement. The learned tribunal after taking into the consideration, the entire material that comes on record has found 10% permanent disablement. From the finding given in para 2 of the judgment, it appears that the tribunal has recorded 10% permanent disablement on his own opinion, as no reason has been assigned for discarding the percentage assessed by the medical board as well as the doctor i.e. 45% and 20% respectively.

3. The doctor in his evidence has described the nature of the fractures i.e. compound fractures of the tibia and fibula bone of both legs and the treatment given to the appellant. According to doctor, the appellant would suffered problem in walking and sitting in future. He was the driver of transport auto and sometime he used to do loading-unloading in the said auto, therefore, in my considered opinion the assessment of permanent

disablement of 10% is on a lesser side which is liable to be enhanced to 15% whole body & accordingly amount of compensation is liable to be enhanced.

4. Now the calculation of compensation is as under :-

                                       AWARD OF MACT                             ENHANCEMENT

                        Permanent disablement Rs.2,01,600/-           Permanent disablement Rs.3,02,400/-

                        Medical Expenses           Rs.2,19,267/-      Medical Expenses         Rs.2,19,267/-

                        Attendant Expenses         Rs.2,000/-         Attendant Expenses       Rs.2,000/-

                        Special Diet               Rs.6,000/-         Special Diet             Rs.6,000/-

                        Pain and Suffering         Rs.20,000/-        Pain and Suffering       Rs.20,000/-

                        Total                      Rs.4,48,867        Total                    Rs.5,49,667/-
                                                                                           -   Rs.4,48,867

                                                                       Difference of amount = Rs.1,00,800/-
                                                                      of compensation

5. In view of above, Misc. Appeal is partly allowed. The non- applicants are directed to pay the enhanced amount of Rs.1,00,800/- with interest at the rate already amended by the MACT to the appellant jointly and severally.

(VIVEK RUSIA) JUDGE vs

Digitally signed by VARSHA SINGH Date: 2023.04.29 15:39:48 +05'30'