Madhya Pradesh High Court
Nanalal @ Nirmal vs Omprakash on 11 October, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
MISC. APPEAL No. 4706 of 2022
BETWEEN:-
NANALAL @ NIRMAL S/O GOPALJI PANCHAL, AGED
ABOUT 18 YEARS, OCCUPATION: STUDENT R/O H.NO.
165,UPARVADA ROAD, WARD NO. 7 GRAM BARGAD
TEHSIL JAORA DISTT. RATLAM (MADHYA PRADESH)
.....APPELLANT
(SHRI MANISH JAIN, LEARNED COUNSEL FOR THE APPELLANT )
AND
1. OMPRAKASH S/O JAGDISHPRASAD DAANKA,
AGED ABOUT 39 YEARS, OCCUPATION: DRIVER
R/O GRAM RAGHUNATHPURA TEHSIL KOTPUTTI
THANA SAKED DISTT JAIPUR (RAJASTHAN)
2. RAHUL ALHAT S/O BHANUDAS ALHAT, AGED
ABOUT 34 YEARS, OCCUPATION: TRANSPORTER
KOYALI POST CHAKAN TALUKA KHED RAJGURU
NAGAR, DISTRICT PUNE (MAHARASHTRA)
3. THE NEW INDIA INDIA INS. CO. LTD. THROUGH
D . M . P U N E DIVISIONAL OFFICE, 115, STATION
ROAD. RATLAM. (MADHYA PRADESH)
.....RESPONDENTS
(SHRI BHARAT YADAV, LEARNED COUNSEL FOR THE RESPONDENT
NO.3)
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Reserved on : 10.10.2023.
Pronounced on : 11.10.2023
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This miscellaneous appeal having been heard and reserved for
orders, coming on for pronouncement this day, Justice Achal Kumar
Paliwal pronounced the following
ORDER
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
11:44:59 AM
This appeal by the claimant under section 173(1) of the Motor Vehicles
Act is arising out of the award dated 23.04.2022 passed by IInd MACT, Jaora,
district Ratlam in MACC No.05/2019 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.4,07,000/- along with interest. The break up of the
compensation amount is as under:
Permanent disability -
Rs.5000x12=60000x10/100(PD)=6000x18(multiplier)=1,08,000/-
Medical expenses -Rs.1,72,000/-
Attendant -Rs.15,000/-
Special diet -Rs.15,000/-
Pain & suffering -Rs.50,000/-
Loss of wages -Rs.15,000/-
Transportation -Rs.32,000/-
-----------------
TOTAL Rs.4,07,000/-
===========
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
appellant was engaged in the work of agriculture and labour work and was
Signature Not Verified
earning Rs.10,000/- per month, therefore, the Tribunal has committed an error
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
11:44:59 AM
in assessing the income of the injured at Rs.5000/- per month which deserves to
be enhanced. The appellant has suffered 10% permanent disability, however,
the Tribunal has not awarded any sum under the head of future prospects in the
light of the judgment of the Apex Court in the case of National Insurance Co.
Ltd. vs. Pranay Sethi reported in (2017) 16 SCC 680. The compensation
awarded under the head of other conventional head is also on the lower side,
hence prays for just and proper amount of compensation in the case.
4. On the other hand, learned counsel for the Insurance Company 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. Considering the evidence that came on record, in the considered
opinion of this Court, the income of the appellant/injured assessed by the
Tribunal for calculating the compensation amount is on the lower side which
deserves to be enhanced from Rs.5000/- to Rs.6500/- per month. The Tribunal
has also committed an error in not awarding any amount under the head of
future prospects in the light of the judgment of the Apex Court in the case of
Pranay Sethi (supra). Considering the facts and circumstances of the case and
the evidence that came on record, in the considered opinion of this Court, the
compensation awarded by the Tribunal deserves to be modified and enhanced
as under:
Permanent disability-Rs.1,96,560/- (i.e. Rs.6500 40% future
prospects=9100x12=1,09,200x18=1965600x10/100(PD))
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
11:44:59 AM
Medical expenses -Rs.1,72,000/-
Attendant -Rs.15,000/-
Special diet -Rs.15,000/-
Pain & suffering -Rs.50,000/-
Loss of wages -Rs.25,000/-
Transportation -Rs.32,000/-
Loss of wages -Rs.18,000/-
-------------------
TOTAL Rs.5,23,560/-
============
6. Thus, the just and proper amount of compensation in the instant case
i s Rs.5,23,560/- as against the award of the Tribunal of Rs.4,07,000/-.
Accordingly, the appellant is entitled to an additional sum of Rs.1,16,560/- 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.1,16,560/-. 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.
(ACHAL KUMAR PALIWAL)
JUDGE
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/13/2023
11:44:59 AM
