Madhya Pradesh High Court
Heeralal Kushwah vs Jaiprakash on 8 May, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 8th OF MAY, 2023
MISC. APPEAL No. 1061 of 2021
BETWEEN:-
HEERALAL KUSHWAH S/O HARIRAM KUSHWAH,
AGED ABOUT 40 YEARS, OCCUPATION: LABOUR
VILL VARDHA TEH SHAMSHABAD (MADHYA
PRADESH)
.....APPELLANT
(BY MR. VIVEK KUMAR VYAS - ADVOCATE)
AND
1 JAIPRAKASH S/O KRISHANMOHAN, AGED
ABOUT 60 YEARS, OCCUPATION: DRIVER
VILL RUSALLI SAHU PS MURWAS AT
PRESENT R/O ROYAL CITY LATERI ROAD
SIRONJ (MADHYA PRADESH)
2 BRANCH MANAGER, UNITED INDIA
INSURANCE COMPANY LIMITED CIVIL
LINES DIST. VIDISHA (MADHYA PRADESH)
.....RESPONDENTS
(MR. BHANUPRATAP SINGH CHAUHAN, ADVOCATE FOR
RESPONDENT NO. 1 AND MR. RAJESH GUPTA - ADVOCATE FOR
RESPONDENT NO. 2 - INSURANCE COMPANY)
-----------------------------------------------------------------------------------------
This appeal coming on for admission this day, the court passed the
following:
JUDGMENT
Present miscellaneous appeal has been filed assailing the award dated
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-May-23
11:48:31 AM
23.1.2020 passed by Member, Motor Accident Claims Tribunal, Vidisha in
Claim Case No. 91/2018.
2. The facts in brief to decide the appeal are that present appellant / claimant
filed a claim petition before learned claims tribunal for grant of compensation
on account of permanent disability suffered by him in a motor accident
occurred on 23.4.2017 involving offending car bearing registration No. MP08
T 1619.
3. Respondent No. 1-Driver and Owner of the offending vehicle remained
filed his written statement and denied the allegations made in the claim
petition.
4. Respondent No. 3-Insurance Company filed its written statement and
denied the averments made in the claim petition stating therein that at the
time of accident alleged offending vehicle was being plied in violation of
policy terms and conditions, therefore, insurance company is not liable to pay
the compensation.
5. Learned claims tribunal framed issues and after hearing both the parties
on merits and recording their evidence partly allowed the claim petition
awarding compensation to the tune of Rs.3,94,800/- which was directed to be
paid by the respondents jointly and severely.
6. Learned counsel for the appellant/claimant argued that the impugned
award passed by learned claims tribunal is perverse, illegal and against the
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-May-23
11:48:31 AM
settled principle of law. Learned claims tribunal has wrongly assessed the loss
in earning capacity of the claimant @ 30%. Learned claims tribunal has also
erred in not awarding amount under the head of "future prospects". Hence,
prayed to allow this miscellaneous appeal and enhance the compensation
amount accordingly.
7. On the other hand, learned counsel for respondent No. 3-insurance
company supported the impugned award and prayed for rejection of the
appeal.
8. Heard learned counsel for the rival parties and perused the available
record.
9. So far as permanent disability suffered by the appellant/claimant is
concerned, during treatment the right leg of the appellant/claimant was
amputated by the doctor from above knee in consequence to the injuries
sustained by him and as per disability certificate (Ex.P-13) issued by Medical
Board, District Vidisha, appellant has suffered 60% permanent disability in
his right leg. In view of the fact that learned claims tribunal has found that
claimant was a labourer and he has suffered 60% permanent disability in his
right leg, in the considered opinion of this Court, the loss in his earning
capacity should be calculated as 60%.
10. Learned claims tribunal has also erred in not awarding any
compensation amount under the head of "future prospects".
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-May-23
11:48:31 AM
11. In the light of case law of National Insurance Company vs. Pranay
Sethi & Ors.; 2017 ACJ 2700, considering the annual income of the claimant
to be Rs.72,000/-, multiplier of 13, permanent disability @ 60%, future
prospect @ 10%, Rs.10,000/- towards travel, Rs.48,000/- towards loss of
earning during treatment, Rs.10,000/- towards special diet and Rs.10,000/-
towards pain and suffering, total compensation amount comes to
Rs.6,95,760/- [Rs.5,61,600/- (72,000 x 13 x 60%) + 56,160/- (10% future
prospect on 5,61,600/-) + 10,000/- + 48,000/- + 10,000/- + 10,000/-]. The
tribunal has awarded a sum of Rs.3,94,800/- to the appellant/claimant. The
enhanced compensation amount comes to Rs.3,00,960/- (Rs.6,95,760 -
3,94,800). The enhanced amount of compensation i.e. Rs.3,00,960/- (Rs.
Three Lakh Nine Hundred and Sixty only) shall carry interest as awarded
by learned claims tribunal from the date of claim application till realization.
The enhanced amount of compensation shall be payable to the
appellant/claimant within a period of 12 weeks from the date of production of
certified copy of this order. Rest of the award passed by learned claims
tribunal shall remain intact.
Present miscellaneous appeal is hereby disposed of in above terms.
(SUNITA YADAV)
JUDGE
AKS
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 09-May-23
11:48:31 AM
