Master Aadesh Aadiwasi vs Ajay Singh
2023 Latest Caselaw 5223 MP

                                                                       1
                                        IN     THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 29 th OF MARCH, 2023
                                                             MISC. APPEAL No. 2442 of 2016

                                       BETWEEN:-
                                       MASTER AADESH AADIWASI S/O CHHOTELAL
                                       AADIWASI, AGED ABOUT 3 YEARS, OCCUPATION:
                                       GUARDIAN CHHOTELAL AADIWASI S/O GULJARI VILL.
                                       MEREGAON P.S. BELKHEDA DISTT. JABALPUR
                                       (MADHYA PRADESH)

                                                                                                  .....APPELLANT
                                       (BY SHRI ADITYA SHARMA - ADVOCATE)

                                       AND
                                       1.    AJAY SINGH S/O POPSINGH OCCUPATION: C/O
                                             HARMESH SINGH S/O MASTAAN SIGH 141
                                             BHAGYASHREE COLONY INDORE (MADHYA
                                             PRADESH)

                                       2.    HARMESH SINGH S/O MASTAN SINGH R/O 141,
                                             BHAGYASHREE COLONY (MADHYA PRADESH)

                                       3.    UNITED   INDIA  INSURANCE  CO.LTD. 1454,
                                             WRIGHT TOWN JABALPUR (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                       (BY SHRI DEEP CHAND GUPTA - ADVOCATE FOR INSURANCE
                                       COMPANY)

                                             This appeal coming on for admission as well as on I.A. this day, the
                                       court passed the following:
                                                                        ORDER

Heard on I.A. No.3885/2017, an application seeking enhancement of the

Signature Not Verified SAN valuation of the appeal.

Digitally signed by MOHD TABISH KHAN Date: 2023.03.31 19:15:47 IST Same is allowed.

Let necessary correction be carried out during the course of the day. Also heard on I.A. No.1987/2023, an application seeking permission to amend the valuation and accordingly to pay Court fee.

Learned counsel for the claimant submits that he has paid deficit Court fee of Rs.7,250/- and in support of the said submission he has filed a copy of Online Court Fee Cyber Receipt along with the application, therefore, the Court fee may be taken on record.

On due consideration, I.A. No.1987/2023 is allowed and deficit Court fee is taken on record.

Heard on admission.

This appeal is filed by the claimant being aggrieved of award dated 27.01.2014 passed by learned 9th Motor Accident Claims Tribunal, Jabalpur in M.V.C. No.12/2012 on the ground that claimant Master Adesh Aadesh Aadiwasi had sustained amputation of four fingers of left leg and that has adverse impact on not only his marriage prospects but also on self steam and that has cause functional disability which is not considered by the Tribunal. Tribunal has only awarded a sum of Rs.1,30,000/- out of which Rs.1,00,000/- is under the head of amputation, it has not awarded any amount under the head of future treatment etc., the amounts awarded are meager and inappropriate.

Reliance is placed on the judgment of Supreme Court in Mohd. Sabeer @ Shabir Hussain Vs. U.P. State Transport Corporation, I(2023) ACC 306(SC) wherein under similar facts and circumstance, sum of Rs.2,00,000/- was awarded under the head of pain and suffering, another sum of

Signature Not Verified SAN Rs.Rs.2,00,000/- was awarded under the head of loss of amenities of life and

Digitally signed by MOHD TABISH KHAN sum of Rs.2,00,000/- under the head of disability and disfigurement. Date: 2023.03.31 19:15:47 IST

Taking clue from the said judgment of the Supreme Court, amount of

compensation under the head of pain and suffering is enhanced to Rs.2,00,000/- , thus there will be addition of Rs.1,00,000/- under this head. Further there will be enhancement of Rs.1,00,000/- under the head of loss of amenity and Rs.1,00,000/- for future treatment. Therefore, there will be enhancement to the tune of Rs.3,00,000/- (Rupees Three Lacs Only) to which claimants will be entitled to in addition to the amount already awarded by learned Claims Tribunal. This additional amount will also carry interest @6% from the date of filing of the claim petition till the date of actual payment.

This additional amount along with accrued interest shall remain invested in the Monthly Income Scheme of the Indian Post Office or a Nationalized Bank for a period of ten years. The claimant will be entitled to utilize its monthly interest for their well being and maintenance, but the principal amount will not allowed to be withdrawn for a period of ten years.

In above terms, this appeal is disposed of. Record of the Tribunal be sent back.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.03.31 19:15:47 IST