Madhya Pradesh High Court
Amarsingh vs Jethram on 11 December, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 11th OF DECEMBER, 2023
MISC. APPEAL No. 4903 of 2023
BETWEEN:-
AMARSINGH S/O SUKHRAM, AGED ABOUT 37 YEARS,
GRAM KUNDA, TEHSIL SELANA DISTRICT RATLAM
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI SACHIN PARMAR, ADVOCATE)
AND
1. JETHRAM S/O KISHANARAM, AGED ABOUT 43
YEARS, GRAM ROHINI, TEHSIL AND DISTRICT
NAGOR (RAJASTHAN)
2. KISHANRAM GODARAM S/O PEMARAM, AGED
ABOUT 42 YEARS, 526 NEAR SINGAD ROAD GRAM
GODARO KI DHANI, GOGELAV TEHSIL AND DIST.
NAGOR RAJASTHAN (RAJASTHAN)
3. THE ORIENTAL INSURANCE COMPANY LTD.
THROUGH BRANCH MANAGER BRANCH OFFICE 6
VIKAS NAGAR, AMEDKAR MARG, NEEMUCH (MAD-
HYA PRADESH)
.....RESPONDENTS
(BY SHRI BHASKAR AGRAWAL, ADVOCATE FOR THE RES./INSURANCE
COMPANY)
...........................................................................................
This appeal coming on for admission this day, the court passed the
following:
JUDGMENT
Heard finally, with the consent of the parties.
2] This miscellaneous appeal has been filed by the appellant under
Section 173(1) of Motor Vehicles Act, 1988 against the Award dated
26.04.2023, passed by Second Addl. Member, Motor Accident Claims
Tribunal, Neemuch, District-Neemuch (M.P.) in MACC No.118/2021
(MACC No.205/2021) whereby, a compensation of Rs.22,44,949/- has
been awarded to the appellant.
3] In the present case, the appellant Amar Singh met with an accident
on 28.01.2021 at around 12:15 p.m. to 12.40 p.m. when he was driving a
Truck bearing registration No.R.J.19-G.G.1606, at that time, its shaft got
broken and the appellant had moved under the Truck to check the damage,
then another Truck bearing registration No.RJ-21-B-1927 rammed against
the stationary Truck of the appellant; as a result of which, the appellant's
Truck ran over his left leg which was subsequently required to be
amputated. A claim case was also filed by the appellant seeking
compensation on account of the injuries suffered by him in the accident
and the learned Member of the MACT, after recording the evidence, has
awarded a sum of Rs.22,44,949/- to the appellant and being aggrieved,
this appeal has been preferred.
4] Counsel for the appellant has submitted that the appellant's income
has been considered as Rs.8,850/- per month despite the fact that he was
earning Rs.25,000/- per month and also the fact that the disability
certificate has been proved by the Medical Board to be 85%; whereas the
Claims Tribunal has considered the same to be 75% only. It is also
submitted that the loss of wages is also on lower side, which also requires
to be enhanced inline with the monthly income of the appellant.
5] Counsel for the respondent No.3/Insurance Company, on the other
hand, has opposed the prayer.
6] Having considered rival submissions, on perusal of the record,
considering the fact that the accident has taken place on 28.1.2021 the
income of Rs.8,850/- per month has arrived at by the learned Member of
Claims Tribunal appears to be on lower side, which, in the considered
opinion of this Court shall be presumed to be Rs.9,500/- per month.
Apart from that, this Court is of the opinion that there is no reason for the
Claims Tribunal to reduce the disability to 75% when it was already
certified by the Medical Board to be 85%. Similarly, the loss of wages
has also to be assessed. In such circumstances, the assessment can be
made in the following manner, vis-a-vis the assessment made by the
Claims Tribunal:-
The assessment made by the Claims Tribunal:-
Permanent disability 8850 (p.m.)+ 3540 (40% Future 16,72,650/-
prospects)=12,390 x 12 = 1,48,680 x 15 Multiplier) x
75% (P.D.) = 16,72,650/-
Medical expenses 2,58,049/-
Attendant expenses 30,800/-
Pain and suffering 2,00,000/-
Special diet 70,000/-
Loss of wages 44,250/-
Total 22,44,949/-
The assessment made by this Court is as under:-
Permanent disability 9500 (p.m.) + 3800 (40% 20,34,900/-
Future prospects)=13,300 x 12 = 1,59,600 x 15
Multiplier) x 85% (P.D.) = 20,34,900/-
Medical expenses 2,58,049/-
Transportation expenses 10,000/-
Special diet 70,000/-
Attendant expenses 2,00,000/-
Loss of wages(9,500 x 5 months) 47,500/-
Pain & suffering 50,000/-
Total 26,70,449/-
Amount awarded by the Tribunal (-) 22,44,949/-
Amount enhanced 4,25,500/-
7] In view of the above, the appeal stands partly allowed and the
appellant shall be entitled to receive an additional enhanced amount of
Rs.4,25,500/- (Rupees Four Lakhs Twenty Five Thousand Five Hundred
only) towards the compensation along with the interest as awarded by
the Tribunal. Rest of the award passed by the Tribunal shall remain as
it is.
8] With the aforesaid, the appeal stands partly allowed and disposed
of.
(SUBODH ABHYANKAR)
JUDGE
moni
