Madhya Pradesh High Court
Vinayak vs Manohar Singh on 16 August, 2023
Author: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 16 th OF AUGUST, 2023
MISC. APPEAL No. 410 of 2023
BETWEEN:-
VINAYAK S/O SHRI LAL CHANDRA PATIL, AGED ABOUT
46 YEARS, OCCUPATION: AREA SALES MANAGER AND
HOTEL MANAGER/AT PRESENT NOTHING ADD. E-75
MIG COLONY BEHIND GURUDWARA INDORE
(MADHYA PRADESH)
.....APPELLANT
(SHRI GAUTAM GUPTA, LEARNED COUNSEL FOR THE APPELLANT).
AND
1. MANOHAR SINGH S/O BHARAT SINGH TOMAR
AGE ADULT, OCCUPATION: OWNER R/O
SHIVDEVI, HOUSE NO.84 EE RAJ NAGAR SECTOR-
E, INDORE (MADHYA PRADESH) (OWNER OF THE
OFFENDING SWIFT CAR NO.MP-09-CM-2227)
2. AMIT S/O NIRMAL JAIN, AGED ABOUT 23 YEARS,
OCCUPATION: SERVICE R/O 26-A PRIME CITY
SUKHLIYA INDORE (MADHYA PRADESH) (DRIVER
OF THE OFFENDING SWIFT CAR NO.MP-09-CM-
2227)
3. NATIONAL INSURANCE CO. LTD. THROUGH
MANAGER ADD. REGIONAL OFFICE 4TH FLOOR
APOLLO TOWER M.G. ROAD INDORE (MADHYA
PRADESH) CURRENT ADDRESS BENCHMARK
BUILDING SATYA SAI SQUARE NAGAR INDORE
(INSURANCE COMPANY OF OFFENDING SWIFT
CAR NO.MP-09-CM-2227)
.....RESPONDENTS
(SHRI SUDARSHAN PANDIT, LEARNED COUNSEL FOR THE
RESPONDENT [R-3].
(MS.MADHURI JOSHI R-2 APPEARED FOR OTHER RESPONDENTS)
This appeal coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/18/2023
10:07:14 AM
2
following:
ORDER
This appeal by the claimant under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 27.10.2022 passed by 11th M.A.C.T,
Indore in Claim Case No.1100258/2014 seeking enhancement of the amount of
compensation awarded by the Tribunal.
The date of accident, negligence and the issue of liability are not in
dispute and the findings recorded by the Tribunal in this regard are also not in
question. As per the findings of the Tribunal, for the permanent disability
suffered by the appellant/claimant Vinayak, the Tribunal has awarded a total
compensation of Rs.17,65,813/- along with interest. The break up of the
compensation amount is as under:
Permanent disability -Rs.17500 x 12 x 13 (multiplier) x 50% (permanent
disability)=Rs.13,65,000/-
Medical expenses -Rs.2,43,313/-
Special diet, transportation
& attendant -Rs.20,000/-
Pain and suffering -Rs.1,00,000/-
Future medical expen. -Rs.20,000/-
Loss of income -Rs.17,500/-
-----------------
TOTAL -Rs.17,65,813/-
Learned counsel for the appellant submits that the Tribunal has
committed an error in awarding adequate amount of compensation and the
amount awarded by the Tribunal is on the lower side. The Tribunal has
committed an error in assessing the permanent disability and in not awarding
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/18/2023
10:07:14 AM
any amount towards future prospects in the light of the judgment of the Apex
Court in the case of Pranay Sethi. The amount awarded under the head of
special diet, attendant and transportation is also on the lower side, hence prays
for just and proper amount of compensation in the matter.
On the other hand, learned counsel for the Insurance company argued in
support of the impugned award and contended that the Claims Tribunal has
rightly awarded compensation amount in the matter which does not call for any
interference by this Court.
After hearing learned counsel for the parties and going through the
record, I find substance in the arguments advanced by the counsel for the
appellant. The Tribunal has committed an error in not awarding any amount
towards future prospects in the light of the judgment of the Apex Court in the
case of Pranay Sethi. The claimant was aged about 46 years at the time of the
accident and he was working in private firm. On account of the injuries
sustained by him in the said accident, his right leg was amputated from above
the thigh. The Tribunal has also committed an error in calculating the permanent
disability of the claimant as per the evidence came on record, therefore, in the
considered opinion of this Court, the compensation amount awarded by the
Tribunal deserves to be enhanced as under:
Permanent disability -Rs.17500 25% (future prospects) i.e. Rs.4375
x 12=2,62,500 x 13 (multiplier) x 54% (permanent disability)=18,42,750/-
Medical expenses -Rs.2,43,313/-
Special diet, attendant
& transportation -Rs.30,000/-
Pain & suffering -Rs.1,00,000/-
Loss of income -Rs.17,500/-
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/18/2023
10:07:14 AM
Future medical exp. -Rs.20,000/-
---------------
TOTAL Rs.22,53,563/-
===========
Accordingly, the appellant is entitled to a total compensation of
Rs.22,53,563/- as against the award of the Tribunal of Rs.17,65,813/-. Thus,
the appellant is entitled to an additional sum of Rs.4,87,750/- over and above
the amount which has been awarded by the Tribunal.
In view of the above, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.4,87,750/-. The enhanced amount shall
bear interest at the same rate as awarded by the Tribunal. The other findings
recorded by the Tribunal shall remain intact.
(HIRDESH)
JUDGE
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 8/18/2023
10:07:14 AM
