Madhya Pradesh High Court
Laxminarayan vs Nandkishore on 23 February, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 23 rd OF FEBRUARY, 2024
MISC. APPEAL No. 4222 of 2019
BETWEEN:-
LAXMINARAYAN S/O SHRI SHIVLAL DANGI, AGED
ABOUT 31 YEARS, OCCUPATION: MAJDURI VILLAGE
RANARA, TEHSIL KHILCHIPUR, (MADHYA PRADESH)
.....APPELLANT
(BY SHRI AKHILESH KUMAR SAXENA - ADVOCATE)
AND
1. NANDKISHORE S/O SHRI VISHNUDAS BAIRAGI,
AGED ABOUT 52 YEARS, OCCUPATION: DRIVERY
VILLAGE CHAPIHEDA, TEHSIL SARANGPUR,
(MADHYA PRADESH)
2. BALISINGH S/O SHRI HARISINGH GRAM PADILYA
MATA TEHSIL SARANGPUR (MADHYA PRADESH)
3. BRANCH MANAGER ORIENTAL INSURANCE
COMPANY LIMITED THROUGH BRANCH
MANAGER BRANCH BIAORA (MP) (MADHYA
PRADESH)
.....RESPONDENTS
(MS. PRITI KESHWANI - ADVOCATE FOR RESPONDENT NO.3)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This appeal by the claimant under section 173(1) of the Motor Vehicles
Ac t is arising out of the award dated 07.05.2019 passed by II Additional
Member, MACT, Rajgarh (Biaora) in Claim Case No.98/2017 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 injury suffered by the the
appellant/claimant, the Tribunal has awarded a total compensation of
Rs.2,05,345/- alongwith interest. The breakup of the compensation amount is as
under:
Income of the claimant Rs.4,290/- (26 days) x 20%(PD) x 12
x 15= Rs.1,54,440/-
Future Treatment Rs.5,000/-
Pain and suffering Rs.10,000
Medical Bills Rs.28,105/-
Conveyance Rs. 2,000/-
Special diet Rs.800/-
Attendant Rs.5,000/-
Total Compensation Rs.2,05,345/-
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. The
Tribunal has committed error in assessing the income of the claimant as
Rs.4,290/- per month which is on the lower side. Hence, the income of
Rs.6,850/- ought to have been taken while calculating the income of the
claimant. The Tribunal has committed an error in not awarding any amount
under the head of loss of income during treatment. The Tribunal has also erred
in awarding less amount under the head of conveyance, special diet. The
Tribunal has committed error in not awarding any compensation towards future
prospects in the light of the judgment of the Apex Court in the case of
National Insurance Company Limited Vs. Pranay Sethi and others
reported in (2017) 16 SCC 680. Keeping in view the facts and circumstances
of the case, the amount assessed by the Tribunal is on the lower side which
deserves to be enhanced considering the medical evidence that came on record,
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 medical evidence that came on record, the
compensation assessed by the Tribunal is on the lower side which deserves to
b e enhanced. Considering the facts and circumstances of the case, the
compensation amount awarded by the Tribunal is on the lower side which is
enhanced as under:
Income of the claimant Rs.6,850/- 40% FP x 20%(PD) x 12
x 15= Rs.3,45,240/-
Future Treatment Rs.5,000/-
Pain and suffering Rs.10,000
Medical Bills Rs.28,105/-
Loss of Income Rs.13,700/-(6850 x 2)
Conveyance/Special diet Rs.10,000/-
Attendant Rs.5,000/-
Total Compensation Rs.4,17,045/-
6. Thus, the just and proper amount of compensation in the instant
case is Rs.4,17,045/- as against the award of the Tribunal of Rs.2,05,345/-.
Accordingly, the appellant is entitled to an additional sum of Rs.2,11,700/- over
and above the amount which has been awarded by the Tribunal. 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.
7. In the result, the appeal is allowed in part and to the extent indicated
herein above.
(HIRDESH)
JUDGE
RJ
