Pradeep Parmaar vs Mahesh Kumar
2024 Latest Caselaw 3483 MP

Madhya Pradesh High Court

Pradeep Parmaar vs Mahesh Kumar on 6 February, 2024

                                                            1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                             ON THE 6 th OF FEBRUARY, 2024
                                              MISC. APPEAL No. 2156 of 2023

                         BETWEEN:-
                         PRADEEP PARMAAR S/O SOORAJ SINGH PARMAAR,
                         AGED ABOUT 23 YEARS, R/O GRAM BAGDAAWDA
                         THANA PAARWATI TEHSIL AASHTA DISTRICT SEHORE
                         (MADHYA PRADESH)

                                                                                         .....APPELLANT
                         (BY MS. PRIYANKA TIWARI - ADVOCATE)

                         AND
                         1.    MAHESH KUMAR S/O SINGARAM, AGED ABOUT
                               40 YEARS, R/O GRAM KHAMKHEDA BAIJNATH
                               TEHSIL AASHTA, DISTRICT SEHORE (MADHYA
                               PRADESH)

                         2.    JAGDISH     S/O    SINGARAM R/O  GRAM
                               KHAMKHEDA BAIJNATH TEHSIL AASHTA,
                               DISTRICT SEHORE (MADHYA PRADESH)

                         3.    IFFCO TOKYO GENERAL INSURANCE COMPANY
                               LT D . THROUGH BRANCH MANAGER BRANCH
                               OFFICE E 5/18, FIRST FLOOR, ARERA SHOPPING
                               COMPLEX, NEAR BSNL BITTAN MARKET BHOPAL
                               DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (SHRI RAKESH KUMAR JAIN - ADVOCATE FOR THE RESPONDENT
                         NO.3/INSURANCE COMPANY)

                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                       JUDGEMENT

Heard on IA no.5516/2023 an application for condonation of delay of 50 days in filing of this appeal, which is supported by an affidavit of Shri Pradeep

Parmar.

2. After due consideration, the application is allowed and delay of 50 days in filing this appeal is hereby condoned.

3. This miscellaneous appeal filed by the appellant under Section 173 (1) of the Motor Vehicle Act, 1988 being aggrieved of award dated 18/11/2022 passed by Motor Accident Claims Tribunal, Aashta, Distt. Sehore in MACC No.37/2021.

4. The facts necessary for disposal of the present appeal in brief are that on 14/5/2020 at about 10:00 p.m., due to accident near Banshilal's farm and chakki jod, Khamkheda, Aashta Road, Prahlad Singh Parmar died. Information given

to the police. After completion of investigation, the police filed charge sheet before the learned trial Court.

5. Learned counsel for the appellant submits that the learned tribunal has awarded the amount of compensation in para 57 of the impugned judgment in different heads which is on lower side especially for pain and suffering form medical expenses and for attender expenses and special diet.

6. 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 appellant.

7. Having heard the learned counsel for the parties and on careful perusal of the record and having regard to the facts and circumstances in the light of evidence on record, the amount of Rs.30,000/- ought to be enhanced in favour of the claimant/appellant in addition to the amount already awarded by the learned tribunal in favour of the appellant. Such calculation is not disputed by the learned counsels of the parties.

8. Therefore, the facts and circumstances of the case and having regard to

the evidence on record the amount of Rs.30,000/- is hereby enhanced in favour of the claimant/appellant in addition to the amount already awarded in favour of him. Other terms and conditions of the award shall remain intact.

9. In the above terms, the appeal is allowed and disposed of. Record be sent back.

(RAJENDRA KUMAR VANI) JUDGE m/-