Madhya Pradesh High Court
Manjubai @ Manjulbai Rathore vs Sabid on 18 October, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDOR E
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
MISC. APPEAL No.4767/2022
BETWEEN:-
MANJUBAI @ MANJULBAI RATHORE W/O DINESH
RATHORE, AGED ABOUT 44 YEARS, OCCUPATION: LABOR
R/O GRAM PIPALGONE TEHSIL KASRAWAD DISTT.
KHARGONE (MADHYA PRADESH)
.....APPELLANT
(SHRI JM POONEGAR, ADVOCATE FOR THE APPELLANT)
AND
1. SABID S/O ABBAS KHAN, AGED ABOUT 29 YEARS,
OCCUPATION: DRIVER R/O 191, SANAWAD ROAD
KASRAWAD DISTT. KHARGONE (MADHYA PRADESH)
2. PUSHPA W/O DULICHAND RATHORE, AGED ABOUT 45
YEARS, OCCUPATION: VEHICLE OWNER R/O 206, NEW
AREA KUNDA NAGAR KHARGONE (MADHYA PRADESH)
3. NATIONAL INSURANCE CO. LTD. BRANCH MANGARE
SAHASTRA DHARA ROAD MAHESHWAR TEHSIL
MAHESHWAR DIST. KHARGONE LOCAL ADDRESS SHAGUN
7 VIJAY NAGAR CHOURAHA SCHEME NO. 54 APANA
SWEETS KE UPER INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/19/2023
10:36:14 AM
2
.....RESPONDENTS
(SHRI PK GUPTA, SENIOR ADVOCATE WITH SHRI B.AGRWAL
FOR THE RESPONDENT/INSURANCE CO.)
........................................................................................................
Reserved on : 17.10.2023.
Pronounced on : 18.10.2023.
-----------------------------------------------------------------------------------------
This miscellaneous appeal having been heard and reserved for
orders, coming on for pronouncement this day, Justice Achal Kumar
Paliwal pronounced the following:
ORDER
This appeal by the claimant under section 173(1) of the Motor
Vehicles Act is arising out of the award dated 18.08.2022 passed by
MACT, Mandleshwar (WN) in Claim Case No.08/2021 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.3,37,500/- along with interest.
The breakup of the compensation amount is as under:
Permanent disability &
loss of wages -Rs.1,82,500/-(i.e.6500x12x18/100x13)
Medical expenses -Rs.90,000/-
Transportation -Rs.5000/-
Special diet -Rs.5000/-
Attendant -Rs.5000/-
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/19/2023
10:36:14 AM
Pain & suffering -Rs.50,000/-
---------------------
TOTAL Rs.3,37,500/-
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. In the accident, the appellant/claimant suffered 18%
permanent disability, however, the Tribunal did not award any
compensation under the head of future prospects in the light of the
judgment in the case of National Insurance Co. Ltd. Vs. Pranay Sethi
reported in (2017) 16 SCC 680. The compensation awarded under
other conventional heads 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 facts and circumstances of the case,
arguments advanced by the counsel for the appellant and the evidence
that came on record, in the considered opinion of this Court, the
compensation awarded by the Tribunal is on the lower side which
deserves to be enhanced and is hereby enhanced as under:
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/19/2023
10:36:14 AM
Permanent disability -Rs.2,28,150/- (i.e. Rs.6500+25%
FPx12x18 (PD)/100x13)
Medical expenses -Rs.90,000/-
Other conventional heads
i.e. pain & suffering/ loss
of wages/ attendant/ special
diet etc. -Rs.1,12,500/-
-------------------
TOTAL Rs.4,30,650/-
6. Thus, the just and proper amount of compensation in the instant
case is Rs.4,30,650/- as against the award of the Tribunal of
Rs.3,37,500/-. Accordingly, the appellant is entitled to an additional
sum of Rs.93,150/- 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.93,150/-. 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. The appellant has valued the appeal only to the extent of
Rs.40,000/- and paid the Court fee accordingly, however, for the
remaining amount of Rs.53,150/- the Court fee shall be paid by the
appellant within a period of one month and thereafter the amount shall
be released by the Insurance Company on receiving the certificate. In
case the certificate has not been filed before the Insurance Company up
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/19/2023
10:36:14 AM
to a period of three months, the claimant shall not be entitled to receive
the interest on the enhanced amount of compensation.
9. In the result, the appeal is allowed in part and to the extent
indicated herein above.
(ACHAL KUMAR PALIWAL)
JUDGE
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 10/19/2023
10:36:14 AM
