Rambabu vs Balvinder Singh
2023 Latest Caselaw 12239 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                     BEFORE
                                        HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 1 st OF AUGUST, 2023
                                              MISC. APPEAL No. 726 of 2013

                          BETWEEN:-
                          RAMBABU S/O SHRI HARISINGH JATAV, AGED ABOUT
                          25 YEARS, VILL. KHAJOORI, TEH. RAGHOGARH,GUNA
                          (MADHYA PRADESH)

                                                                                     .....APPELLANT
                          (BY MR. RISHIKESH BOHARE - ADVOCATE)

                          AND
                          1.    BALVINDER SINGH S/O SHRI GURUDAYAL SINGH,
                                AGED ABOUT 35 YEARS, OCCUPATION: DRIVER 26
                                VILLA RINKA BHAGENDRA VILL. POORANPUR,
                                PILIBHIT (HARIYANA) (MADHYA PRADESH)

                          2.    SHAMSHUL HAQ S/O MOHAMMAD HAQ MUSLIM
                                OCCUPATION: VEHICLE OWNER R/O THE NEW
                                PUBLIC       CARRIER       ASSOCIATION
                                SITARGANJ,UDHAMSINGH NAGAR UTTRANCHA
                                (MADHYA PRADESH)

                          3.    RELIANCE GENERAL INSURANCE COMPANY
                                LIMITED OFFICE MUMBAI BRANCH OFFICE 466
                                RAIPUR     ROAD,    ESSELL     PLAZA,1ST
                                FLOOR,INFRONT (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (MR. BAL KRISHNA AGRAWAL - ADVOCATE FOR RESPONDENT NO. 3 -
                          INSURANCE COMPANY)

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

Present miscellaneous appeal has been filed assailing the award dated 09.4.2013 passed by First Additional Motor Accident Claims Tribunal, Guna Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Aug-23 4:17:24 PM

(M.P.) in Claim Case No. 61 of 2011, whereby claim application filed by appellant / claimant - Rambabu, for the death of his daughter Bittu @ Chanchal in a road traffic accident occurred on 08.8.2009 involving Truck bearing registration No. UA06/H-7476, was allowed, compensation to the tune of Rs.2,05,000/- was awarded and respondent No.3 - insurance company was directed to pay the compensation to the claimant.

Learned counsel for the appellant submits that learned claims tribunal has awarded the compensation on the lesser side and prayed that just and proper compensation be granted to the claimant.

On the other hand, learned counsel for the insurance company supported

the quantum of compensation awarded by learned claims tribunal and prayed for rejection of this appeal.

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

Having gone through the evidence adduced by the both the parties before learned claims tribunal and considering the nature of the case, the compensation as awarded by learned claims tribunal is liable to be enhanced by Rs.60,000/- (Rs. Sixty Thousand only) in lump sum which shall be payable to appellant - claimant in addition to already awarded amount by the claims tribunal i.e. Rs.2,05,000/-.

T h e enhanced amount of Rs.60,000/- shall not carry any interest, however, if the insurance company fails to make the payment of compensation within a period of 12 weeks from the date of receipt of certified copy of this order, then the enhanced amount of award shall carry penal interest at the rate of 6% per annum. Rest of the conditions as imposed by learned claims tribunal shall remain intact.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Aug-23 4:17:24 PM

If the enhanced amount of compensation is in excess to the valuation of appeal, the difference of the Court fee (if not already paid) shall be deposited by the appellant - claimant within four weeks' from today and proof thereof shall be submitted before the Registry. Thereafter, Registry shall issue the certified copy of the order passed today.

Appeal stand allowed to the aforesaid extent and disposed of.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Aug-23 4:17:24 PM