Madhya Pradesh High Court
Sunil vs Jitendra on 21 November, 2023
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 21 st OF NOVEMBER, 2023
MISC. APPEAL No. 827 of 2021
BETWEEN:-
SUNIL S/O KAILASH YADAV, AGED ABOUT 34 YEARS,
OCCUPATION: AGRICULTURE 276 MACHALGAON, TEH.
BHIKANGAON DISTRICT KHARGONE (MADHYA
PRADESH)
.....APPELLANT
(SHRI DHARMENDRA SINGH PATEL, LEARNED COUNSEL FOR THE
APPELLANT).
AND
1. JITENDRA S/O BALAKRAM SHAH , CASTE
GURJAR OCCUPATION: DRIVER GRAM-
BHULGAON THANA BEDIYA DISTRICT
KHARGONE (MADHYA PRADESH)
2. JAGIDSH S/O GOVARDHAN SHAH CASTE GURJAR
VEHICLE OWNER R/O GRAM BHULGAON THANA
BEDIYA DISTRICT KHARGONE (MADHYA
PRADESH)
3. NATIONAL INSURANCE COMPANY LTD. BRANCH
OFFICE BAHETI TOWER KE SAMNE DISTRICT
KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUDARSHAN PANDIT, LEARNED COUNSEL FOR THE
RESPONDENT [R-3].
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
This appeal by the claimant under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 02.01.2020 passed by IInd Additional
Member, MACT, Khargone in Claim Case No.96/2018 seeking enhancement of
compensation amount awarded by the Tribunal.
2. 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, the Tribunal has awarded a total
compensation of Rs.2,96,839/- along with interest. The breakup of the
compensation amount is as under:
Permanent disability -Rs.1,44,000/- (i.e. Rs.5000x12=60000 x
15/100 (PD=9000 x 16 (multiplier))
Medical expenses -Rs.55,839/-
Pain & suffering & loss of
amenities of life -Rs.40,000/-
Special diet -Rs.20,000/-
Attendant -Rs.22,000/-
Transportation -Rs.5,000/-
Loss of income -Rs.10,000/-
-----------------
TOTAL Rs.2,96,839/-
3. Learned counsel for the appellant submits that the Tribunal has
committed an error in not awarding just and proper amount of compensation in
the case as the amount awarded by the Tribunal is on the lower side. The
Tribunal has committed an error in calculating the income of the deceased at
Rs.5000/- per month which is on the lower side and deserves to be enhanced.
The Tribunal has also committed an error in not awarding any sum under the
head of loss of future prospects in the light of the judgment of the Apex Court
in the case of National Insurance Co. Ltd. vs. Pranay Sethi - (2017) 16
SCC 680. The Tribunal has also committed an error in calculating the
permanent disability suffered by the appellant, hence prays for just and proper
amount of compensation in the case.
4. On the other hand, learned counsel for the Insurance Company has argued
in support of the impugned award and contended that the Claims Tribunal has
rightly awarded the compensation amount in the case which does not call for
any interference by this Court.
5. 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. So
far as the income of the claimant is concerned, it has come on evidence that he
was an agriculturist, engaged in dairy business and was earning Rs.25,000/- per
month, however the tribunal has assessed the income at Rs.5000/- per month
which is on the lower side and deserves to be enhanced. The Tribunal has
committed an error in not awarding any sum under the head of loss of future
prospects. As per medical evidence, the claimant is unable to run, unable to lift
weight of more than 9 kg., unable to walk over slop, uneven surface and stairs.
As per the PDC Ex.P/65 & 66, the appellant suffered 35% permanent disability
in his right lower limb but the Tribunal has calculated only 15% permanent
disability to the whole body which deserves to be enhanced to at least 17%.
Considering the facts and circumstances of the case, the arguments advanced
by the counsel for the appellant as well as the documentary as well as oral
evidence, in the considered opinion of this Court, the compensation awarded
by the Tribunal is on the lower side which deserves to be enhanced.
Accordingly, the compensation is recalculated as under:
Permanent disability -Rs.3,19,872/- (i.e. Rs.7000 40% FP x 17/100
(PD) x 12 x 16 (multiplier))
Medical expenses -Rs.55,839/-
Other convention heads i.e
pain & suffering/loss of
amenities of life/special diet/
attendant charges/transport-
ation/loss of income etc. -Rs.97,000/-
--------------------
TOTAL Rs.4,72,711/-
===========
6. Thus, the just and proper amount of compensation in the instant
case is Rs.4,72,711/- as against the award of the Tribunal of Rs.2,96,839/-.
Accordingly, the appellant is entitled to an additional sum of Rs.1,75,872/- over
and above the amount which has been awarded by the Tribunal.
7. In the result, the appeal is partly allowed by enhancing the compensation
amount by a sum of Rs.1,75,872/-. 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.
8. In the result, the appeal is allowed in part and to the extent indicated herein
above.
(ACHAL KUMAR PALIWAL)
JUDGE
hk/
