Madhya Pradesh High Court
Krupal Singh vs Sunil Kumar Barman 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. 4731 of 2023
BETWEEN:-
KRUPAL SINGH S/O SHIVRAJ SINGH, AGED ABOUT 45
YEARS, OCCUPATION: LABOUR R/O GRAM PIPARIYA
RAIYAT POLICE STATION BIJADANDI DISTRICT
MANDLA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SARDAR AVTAR SINGH - ADVOCATE)
AND
1. S U N I L KUMAR BARMAN S/O ML BARMAN
OCCUPATION: DRIVER R/O BARELA DISTRICT
JABALPUR (MADHYA PRADESH)
2. SHEIKH IDREESH S/O SHEIKH MAJID R/O HOUSE
NO. 112 GALI NO. 2 KARIGIL COLONY JILA
JABALPUR (VAHAN SWAMI) (MADHYA PRADESH)
3. THE ORIENTAL INSURANCE COMPANY LIMITED
JABALPUR RAILWAY GROUND KE SAMNE DATTA
RESIDENCY RAJENDRA SINGH ADHIVAKTA KE
BAJU ME CIVIL LINE JILA JABALPUR
(INSURANCE COMPANY) (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. ANJALI BANERJEE - ADVOCATE FOR THE RES. NO. 3. )
This appeal coming on for admission this day, th e court passed the
following:
JUDGMENT
Heard.
2. This miscellaneous appeal has been preferred by the appellant/claimant for
further enhancement of Rs. 50,000/- of the amount awarded by 14th Additional
MACT, Jabalpur in M.A.C.C. No.1800198/2011 whereby MACT has awarded
an amount of Rs. 12,225/- along with interest @ 6% per annum w.e.f.
07.07.2011.
3. The facts necessary for disposal of the present appeal in brief are that on
17.06.2011, the appellant was going to Mankarsa market on bicycle with his
wife, when as soon as he reached near the dhaba in front of Bijadandi, than the
respondent No. 1 was driving the jeep No. Mp-05-F-9300, with rashly and
negligently and dashed to the bicycle. Due to which, they fell down on the earth
and they received injuries. Thereafter they have taken to the Bijadandi hospital.
4. Learned counsel for the appellant submits that the award of learned
tribunal is on lower side on the head of treatment expenses, special died,
transportation charges and income loss. Therefore, compensation awarded be
enhanced appropriately on these heads.
5. Per contra, Per contra, learned counsel for the respondent No. 3 submits
that proper compensation has been awarded on various heads.
6. Having heard learned counsel for the parties and after perusal of the
award, it is found that the expenses of treatment was given only Rs. 75/- while
in special diet and transportation charges, only Rs.400/- has been granted and
in the head of income loss the awarded of Rs. 1750/- has been grated by the
tribunal. Having considered the nature of injuries and other expenses incurred
by the claimant/appellate, in the considered opinion of this Court, the
compensation amount may be enhanced up to Rs. 10,000/-. The calculation for
the purpose is not disputed by the learned counsel for the parties.
7. Accordingly, in addition to the amount awarded by learned 14th
Additional MACT, Jabalpur an amount of Rs 10,000/- is hereby enhanced. The
other conditions imposed by learned 14th Additional MACT, Jabalpur shall
remain intact.
8. With the aforesaid observation, this miscellaneous appeal is disposed off.
9. Interim application(s), if any, shall stand disposed off.
(RAJENDRA KUMAR VANI)
JUDGE
L.R.
