Ramsewak Kushwah vs Kundan @ Ramdas @ Dataram
2023 Latest Caselaw 12202 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                     ON THE 1 st OF AUGUST, 2023
                     MISC. APPEAL No. 269 of 2007

BETWEEN:-
RAMSEWAK KUSHWAH S/O S/O SHRI AJMER SINGH
KUSHWAH , AGED ABOUT 20 YEARS, CASTE KUSHWAH,
R/O VILLAGE DICHHAWALI, TEH. & DISTT. MORENA
(MADHYA PRADESH)

                                                             .....APPELLANT
(BY SHRI DHARMENDRA RISHISHWAR - ADVOCATE)

AND
1.    KUNDAN @ RAMDAS @ DATARAM S/O SHRI
      VIJAY SINGH KUSHWAH R/O KHADIYAHAR,
      THANA SIHONIYA PARGANA AMBAH, DISTT.
      MORENA (MADHYA PRADESH)

2.    NATIONAL INSURANCE COMP.LTD. THROUGH
      MANAGER, BRANCH OFFICE HARIRAJ TALKIS KE
      SAMNE MORENA (MADHYA PRADESH)

                                                          .....RESPONDENTS
(RESPONDENT NO. 2 BY SHRI S.S.BANSAL - ADVOCATE)

      T h is appeal coming on for orders this day, t h e cou rt passed the
following:
                                  ORDER

T his appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 13/11/2006 passed by learned Additional Motor Accident Claims Tribunal, Morena in claim case No. 21/2006 seeking enhancement of compensation amount. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.52,200/- with interest @ 6% per annum for the injuries sustained by appellant/claimant, arising out of the accident

occurred on 10/5/2004.

2. Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs.35,50,000/-. The appellant had sustained fracture in left hand of ulna, radius and humerus bones.

3. The Tribunal has awarded a total sum of Rs. 52,200/-. The certificate of permanent disablement to the extent of 60% (ExP-9) is available on record; however, the Tribunal has only awarded a compensation of Rs. 25,000/- under the head permanent disability. Tribunal has awarded a sum of Rs.15,000/- for pain and suffering for three fractures, Rs.7,200/- towards loss of wages, Rs. 3,000/- towards medical expenses and Rs. 2,000/- towards special diet. Thus,

awarded total compensation of Rs. 52,200/- for the injuries sustained by appellant.

4. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle, and liability to pay compensation etc., because the Tribunal has already recorded the findings in favour of the appellant and none of those findings have been challenged at the instance of the respondents, i.e., owner/driver/Insurance Company by filing cross appeal or cross objection. In that view of the matter it is not necessary to burden the judgment by detailing the facts on those issues.

5. Shri Rishishwar, learned counsel for the appellant submits that the injuries sustained by the appellant were grievous in nature. It is also submitted that on account of grievous injuries the injured sustained permanent disablement to the extent of 60%. He could not have performed any work during the treatment, and earn any means. Counsel further submits that the compensation awarded by the learned Tribunal is inadequate, without looking to the permanent

disablement or the injuries sustained, hospitalization, medical bills and the loss of earning. In view of the said submissions the inadequacy of the compensation awarded by the Tribunal has been assailed, because it is meager and deserves enhancement.

6. On the other hand Shri Bansal, learned counsel appearing for the respondent/ Insurance Company has contended in support of the findings of the claims Tribunal and argued that the compensation as awarded by the impugned award is just and proper, which do not warrant any interference by this Court.

7. After having heard learned counsel appearing on behalf of the parties and on going through the pleadings, evidence adduced, period of hospitalization, medical bills, it appears that no amount has been awarded in the head of attendant charges, conveyance and the amount awarded under the head special diet, hospitalization, pain and suffering and permanent disability appear to be on lower side on consideration of the other material available on record the compensation awarded by the Tribunal is on lower side and is liable to be enhanced in lump sum by Rs. 55,000/-.

8. Accordingly this appeal is allowed in part. The compensation as allowed by the Tribunal is enhanced by a sum of Rs.55,000/- i n addition to the compensation already awarded by the Tribunal. The enhanced amount shall

carry interest @ 6% per annum from the date of claim petition till its realization. In the facts and circumstances of the case parties are directed to bear their own costs.

Rest of the conditions as imposed by Claims Tribunal shall remain intact.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7 633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB219 3780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D 8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.08.03 09:49:56 +05'30'