Madhya Pradesh High Court
Shivraj Singh Jatav vs Lakhan Singh on 17 February, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 17 th OF FEBRUARY, 2024
MISC. APPEAL No. 306 of 2016
BETWEEN:-
SHIVRAJ SINGH JATAV S/O SHRI SEVARAM JATAV,
AGED ABOUT 40 YEARS, OCCUPATION: SERVICE LAND
RECORDS GUNA KAHNDELWAL FACTORY KE PEECHE
BAGAL SE PETROL PUMP KE SAMNE FATEHPUR
(MADHYA PRADESH)
.....APPELLANT
(MR. KRIPAL SINGH BATHAM - ADVOCATE FOR THE APPELLANT -
CLAIMANT)
AND
1. LAKHAN SINGH S/O SHRI RAMESH SINGH
RAGHUVANSHI, AGED ABOUT 28 YEARS,
OCCUPATION: DRIVER VILLAGE UKAWAL P.S.
KOLARAS (MADHYA PRADESH)
2. HARVEER SINGH S/O GAJENDRA SINGH, AGED
ABOUT 70 YEARS, OCCUPATION: OWNER
(VEHICLE BEARING NO. MP 33C0238) VILL.
KHARAIH, P.S. RANNAUD (MADHYA PRADESH)
3. BRANCH MANAGER THE NEW INDIA INSURANCE
CO. LTD. HAJI SANNU MARKET, AB ROAD
SHIVPURI (MADHYA PRADESH)
.....RESPONDENTS
(MR. A.K. AGARWAL - ADVOCATE FOR RESPONDENT NO. 3 - INSURANCE
COMPANY)
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
Present miscellaneous appeal has been filed assailing the award dated
30.11.2015 passed by Motor Accident Claims Tribunal, Shivpuri, District
Shivpuri (M.P.) in Claim Case No. 79 of 2015, whereby claim application filed
by appellant / claimant - Shivraj Singh Jatav for the injuries sustained by him in
a road traffic accident occurred on 26.3.2013 involving car WagonR bearing
registration No. MP33-C-0238 was allowed, compensation to the tune of
Rs.27,000/- was awarded and respondents were directed to pay the aforesaid
compensation to the claimant jointly and severely.
Learned counsel for the appellant submits that learned claims tribunal has
wrongly assessed the compensation amount and awarded the same on the lower
side, therefore, just and proper compensation be awarded to the appellant -
claimant.
On the other hand, learned counsel for the insurance company supported
the impugned award and prayed for rejection of this appeal.
Heard learned counsel for the rival parties and perused the available
record.
Having gone through the evidence adduced by the both the parties before
learned claims tribunal and considering the nature of the case, the compensation
as awarded by learned claims tribunal is liable to be enhanced by Rs.60,000/-
(Rupees Sixty Thousand only) in lump sum which shall be payable to
appellant - claimant in addition to already awarded amount by the claims tribunal
i.e. Rs.27,000/-.
The enhanced amount of Rs.60,000/- shall not carry any interest, however,
if the respondents fail to make the payment of compensation within a period of
12 weeks from today, then the enhanced amount of award shall carry interest at
the rate of 6% per annum. Rest of the conditions as imposed by learned claims
tribunal shall remain intact.
If the enhanced amount of compensation is in excess to the valuation of
appeal, the difference of the Court fee (if not already paid) shall be deposited
by the appellant - claimant within four weeks' from today and proof thereof
shall be submitted before the Registry. Thereafter, Registry shall issue the
certified copy of the order passed today.
Appeal stand allowed to the aforesaid extent and disposed of.
(SUNITA YADAV)
JUDGE
AKS
