Ramkrishana @ Krishna Minor Th:Father vs Ranveer
2024 Latest Caselaw 13830 MP

Madhya Pradesh High Court

Ramkrishana @ Krishna Minor Th:Father vs Ranveer on 13 May, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                               1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                     ON THE 13 th OF MAY, 2024
                   MISC. APPEAL No. 1398 of 2008

BETWEEN:-
RAMKRISHANA @ KRISHNA, AGED 11 YEARS SINCE
MINOR UNDER THE GUARDIANSHIP OF FATHER
DEVENDRA S/O MAWASI, AGED 32 YEARS, CASTE
KUSHWAH, R/O VILLAGE PUNITA KA PURA MAUJA
HIGAUNA THANA CIVIL LINE, MORENA,PARGANA &
DISTT.MORENA (MADHYA PRADESH)

                                                          .....APPELLANT
(BY SHRI KRIPAL SINGH - ADVOCATE)

AND
1.    RANVEER S/O GYASIRAM, CASTE BARBER, R/O
      HIGAUNA KHURD, PARGANA & DISTT.MORENA
      (MADHYA PRADESH)

2.    RAMDAS S/O BHAGIRATH CASTE: BAGHEL, R/O
      VILL. HIGAUNA KALA, PARGANA & DISTT.
      MORENA (MADHYA PRADESH)

3.    IFFCO    TOKYO      GENERAL   INSURANCE
      CO.LTD.THR:   DIVISIONAL MANAGER PATEL
      NAGAR,    CITY   CENTER    ROAD, GWALIOR
      (MADHYA PRADESH)

                                                       .....RESPONDENTS
(SHRI DHRUV AGRAWAL ON BEHALF OF SHRI B.K.AGRAWAL- LEARNED
COUNSEL FOR RESPONDENT NO. 3 )

      This appeal coming on for admission this day, the court passed the
following:
                                ORDER

Assailing the award dated 22/8/2008 passed by the Second Additional Motor Accident Claims Tribunal, Morena in Claim Case No.18/2007, on the

point of inadequacy of the compensation, the appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988. Learned Claims Tribunal awarded a compensation of Rs. 25625/- to the appellant/claimant for the injuries sustained by him in road accident dated 18/4/2007.

2. The appellant, had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.5,20,000/- for the injuries sustained by him in road accident dated 18/4/2007. The reply to the claim petition was filed and after recording the evidence, the Tribunal awarded a sum of Rs.25,625/- in total; and respondents were fastened with the liability of payment of compensation amount with interest @ 7% per annum from the date

of claim petition jointly and severally.

3. As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellant by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e. owner, driver by filing the cross-appeal or the cross-objection, it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.

4. As observed supra, it is an injury case. On 18/4/2007 at about 8 am due to rash and negligent driving of driver of Bajaj Auto bearing registration No. MP06R0148, Auto hit the appellant who was going on foot by the side of road. Due to said accident, appellant suffered injuries including fracture in his right leg and also sustained permanent disablement, which gave rise to filing of claim case. Parties adduced evidence. The Claims Tribunal after recording evidence

and hearing the parties, by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs.25,625/- alongwith interest at the rate of 7% per annum from the date of claim petition.

5. Shri Singh, learned counsel representing the appellant contends that the injuries sustained by the appellant were grievous in nature. The appellant sustained fracture in his right leg and he remained hospitalized for a long period. He sustained permanent disability to the extent of 8% as per disability certificate; however, disbelieving the same, Claims Tribunal erred in considering the extent of permanent disability to 5%. The Tribunal has only awarded Rs 25,625/- towards hospital bill, medical expenses, Special diet, pain and suffering and travelling expenses and attender charges which is on the lower side lower side. No amount has been awarded under the head grievous hurt; whereas, the appellant suffered fracture and further no amount has been awarded under the head future loss of income, thus the compensation awarded by the learned Tribunal is inadequate, without looking to the nature of grievous injuries sustained, hospitalization, medical bills. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for.

6. On the other hand Shri Agrawal, learned counsel representing the respondent /Insurance Company contends in support of the findings of the

Claims Tribunal and submitted that the compensation as awarded by the impugned award appears to be just and reasonable, however, interference by this Court for enhancement of the compensation is not warranted. None appeared on behalf of the other respondents.

7. After having heard learned counsel appearing for the parties and on perusal

of the pleadings and the evidence so adduced, in the opinion of this Court, considering the nature of injuries especially fracture sustained, treatment papers and its period, the mental pain and suffering and also the other heads, the compensation as awarded by the Claims Tribunal is liable to be enhanced by Rs. 20,000/- in lump sum thereby making the total compensation Rs.45,625/- which shall be paid within two months from today.

8. In view of the forgoing discussions, the appeal succeeds and is hereby allowed in part. The appellant is held entitled to receive the enhanced amount of Rs. 20,000/- in addition to the amount of compensation already awarded by the Claims Tribunal. The enhanced amount shall carry any interest as per the impugned award. The other conditions as imposed by claims Tribunal shall remain intact.

With the aforesaid modification in the impugned award the appeal stands allowed in part.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI       Digitally signed by JAI PRAKASH SOLANKI
          DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
          BENCH GWALIOR, ou=HIGH COURT OF MADHYA
          PRADESH BENCH GWALIOR,


PRAKASH
          2.5.4.20=287738d30aabaeda9b10cecdf179cec86
          5c7633f4cfb9e38ce14fcbb05b9522a,
          postalCode=474001, st=Madhya Pradesh,
          serialNumber=8D6BC1C9FCE36623D0BD6B8072


SOLANKI
          A2D8C01433EBD48AE4F609F108CA8F8DE6B522,
          cn=JAI PRAKASH SOLANKI
          Date: 2024.05.16 11:21:03 +05'30'