Rajkumar Yadav vs Sunil Sallam
2024 Latest Caselaw 3339 MP

Madhya Pradesh High Court

Rajkumar Yadav vs Sunil Sallam on 5 February, 2024

                                                        1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                           ON THE 5 th OF FEBRUARY, 2024
                                            MISC. APPEAL No. 2756 of 2022

                         BETWEEN:-
                         RAJKUMAR YADAV S/O SHRI JUGLE KISHORE, AGED
                         ABOUT 35 YEARS, OCCUPATION: AGRICULTURE , R/O
                         VILLAGE PEEPAL DHANA WARD NO. 9 TEHSIL ITARSI
                         DISTRICT         HOSHANGABAD/NARMADAPURAM
                         (MADHYA PRADESH)

                                                                                   .....APPELLANT
                         (BY SHRI PRAMOD SINGH TOMAR - ADVOCATE)

                         AND
                         1.    SUNIL SALLAM       S/O SHRI   IMRAT LAL
                               OCCUPATION: DRIVER OF MOTORCYCLE NO. MP-
                               05ML5774)R/O VILLAGE JAMANEE TEHSIL ITARSI
                               AND     VILLAGE      KHAKRAPURA    TEHSIL
                               SHIVNIMALWA      DISTRICT   HOSHANGABAD/
                               NARMADAPURAM (MADHYA PRADESH)

                         2.    SONU SALLAM S/O SHRI RAMBHAROSH SALLAM
                               OCCUPATION: UNWRITTEN R/O HOUSE NO. 1387
                               TYPE A FLOUR MILL NEAR AYUDH NAGAR
                               ITRASI TEHSIL ITRASI DISTRICT HOSHANGABAD
                               /NARMADAPURAM (MADHYA PRADESH)

                         3.    NATIONAL  INSURANCE  COMPANY   LTD.
                               THROUGH BRANCH BRANCH OFFICE NEAR
                               TALAB         ITARSI       DISTRICT
                               HOSHANGBAD/NARMADAPURAM    (MADHYA
                               PRADESH)

                                                                                .....RESPONDENTS
                         (NONE FOR THE RESPONDENTS NO.1 AND 2, DESPITE SERVICE OF
                         NOTICE AND MS. ANJALI BANERJEE - ADVOCATE FOR THE
                         RESPONDENT NO.3/INSURANCE COMPANY)

                               This appeal coming on for admission this day, th e court passed the
                         following:
Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 2/8/2024
2:03:36 PM
                                                            2
                                                          JUDGMENT

Heard.

2. This miscellaneous appeal has been preferred by the appellant/claimant for enhancement of the amount awarded by IIIrd Additional Motor Accident Claims Tribunal, Itarsi in M.A.C.C. No. 32/2018 whereby MACT has awarded an amount of Rs. 1,42,269/- along with interest @ 6 % per annum w.e.f. 5/7/2018.

3. The facts necessary for disposal of the present appeal in brief are that on 15/7/2017 at about 8:30 p.m., the appellant was going to his village Peepal Dhana as soon as he reached village Tarounda Deewanganj, respondent no.1 by

driving motorcycle bearing registration no.MP-05-ML-5774, in rash and negligent manner dashed the appellant. As a result of which he sustained serious injuries and was admitted in hospital. Information given to the police. After completion of investigation, the police filed charge sheet before the learned trial Court.

4. Learned counsel for the appellant submits that appellant has produced the medical documents and treatment papers which shown permanent disability before the learned claims tribunal and the doctor was also examined before the tribunal, who confirmed permanent disability of the appellant. Learned claims tribunal has awarded only Rs.1,42,269/- towards serious injuries, permanent disability and physical and mental agonies, which is on lower side. Therefore, the appeal is filed for enhancement of the amount of compensation of Rs.1,00,000/-.

5. Per contra, learned counsel for the insurance company submitted that an appropriate award has already been passed by the learned tribunal in favour of the appellants.

6. After hearing arguments at length and having considered the evidence on record, the compensation awarded by the tribunal on various heads may be enhanced by Rs.50,000/- having regards to the facts culling out from the arguments of both the counsel. The calculation is not disputed by the learned counsel for the parties.

8. Accordingly, in addition to the amount awarded by learned MACT, Itarsi, an amount of Rs.50,000/- is hereby enhanced. Other conditions imposed by learned MACT, Itarsi in impugned award shall remain intact.

9. With the aforesaid observation, this miscellaneous appeal is disposed off.

10. Record be sent back.

(RAJENDRA KUMAR VANI) JUDGE m/-