Ritesh Kumar Aide vs Balveer Singh
2023 Latest Caselaw 18261 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                             ON THE 1 st OF NOVEMBER, 2023
                                               MISC. APPEAL No. 580 of 2016

                          BETWEEN:-
                          RITESH KUMAR AIDE S/O SHRI CHATURBHUJ AIDE,
                          AGED ABOUT 28 YEARS, VILL. GANGAERUA TEH.
                          BARGHAT DIST. SIVNI MP (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY MR. RAMESH PRASAD GUPTA - ADVOCATE)

                          AND
                          1. BALVEER SINGH S/O SHRI VELESTAR TOMAR CHAR
                          SHAHAR KA NAKA GWALIOR (MADHYA PRADESH)
                          (DRIVER OF TRUCK NO. M.P.07-HB-0940)
                          2. SAHAB SINGH TOMAR S/O BABU SINGH TOMAR, R/O
                          CHAR SAHAR KA NAKA GWALIOR (MADHYA PRADESH)
                          (OWNER OF TRUCK NO. M.P.07-HB-0940)
                          3. BHARATI AXA GENERAL INSURANCE COMPANY
                          LTD., 401, 3RD EYE, PANCHWATI CROSS ROAD C.G.
                          ROAD     AHAMADABAD.     THROUGH     DIVISIONAL
                          MANAGER.

                                                                                       .....RESPONDENT
                          (BY 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 18.2.2016 passed by Second Additional Motor Accident Claims Tribunal, Gwalior (M.P.) in Claim Case No. 172 of 2013, whereby claim application filed by appellant / claimant - Ritesh Kumar Aide for the injuries sustained by him in a road traffic accident occurred on 06.5.2011 involving truck bearing Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/2/2023 09:41:47 PM

registration No. MP07-HB-0940 was allowed, compensation to the tune of Rs.4,53,226/- was awarded and respondents were directed to pay the aforesaid compensation to the claimant jointly and severely.

Learned counsel for the appellant submits that learned claims tribunal has wrongly assessed the compensation amount and awarded the same on the lower side, therefore, just and proper compensation be awarded to the appellant - claimant.

On the other hand, learned counsel for the insurance company supported the impugned award 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.3,50,000/- (Rupees Three Lakh Fifty 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.4,53,226/-.

The enhanced amount of Rs.3,50,000/- shall not carry any interest, however, if the respondents fail to make the payment of compensation within a period of 12 weeks from today, then the enhanced amount of award shall carry interest at the rate of 6% per annum. Rest of the conditions as imposed by learned claims tribunal shall remain intact.

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

Signature Not Verified shall be submitted before the Registry. Thereafter, Registry shall issue the Signed by: ALOK KUMAR Signing time: 11/2/2023 09:41:47 PM

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: 11/2/2023 09:41:47 PM