Madhya Pradesh High Court
Dalveer Singh vs Virendra Singh Kansana on 22 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 22 nd OF MAY, 2024
MISC. APPEAL No. 1159 of 2015
BETWEEN:-
DALVEER SINGH S/O SHRI RAMNIWAS, AGED ABOUT
22 YEARS, R/O VILLAGE MADANBSAI , TEHSIL AND
DISTRICT MORENA (MADHYA PRADESH)
.... APPELLANT
(BY SHRI R.P.GUPTA - ADVOCATE )
AND
1. VIRENDRA SINGH KANSANA S/O SHRI DEVI
SINGH KANSANA, OCCUPATION: OWNER OF
TRUCK NO. MP 06 E 5828 R/O M.S. ROAD MORENA
(MADHYA PRADESH)
2. RAKESH SINGH S/O SHRI GABBAR SINGH
GURJAR OCCUPATION: DRIVER, R/O VILLAGE
JARARA THANA NOORABAD TEHSIL AND DISTT.
MORENA (MADHYA PRADESH)
3. THE NEW INDIA INSURANCE COMPANY LTD.
NEAR GDA OFFICE RAVI NAGAR GWALIOR
THROUGH DIVISIONAL MANAGER (MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENT NO. 3 BY SHRI R.V.SHARMA - ADVOCATE)
This appeal coming on for admission this day, the court passed the
following:
ORDER
I.A.No. 5488/2015, which is an application under Section 5 of Limitation
Act for condonation of delay in filing the appeal is allowed for the reasons
mentioned therein, and delay is hereby condoned.
Assailing the award dated 6/8/2015 passed by the Second Additional
Motor Accident Claims Tribunal, Morena in Claim Case No.16/2011, 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.41,000/- to the appellant/claimant for
the injuries sustained by him in road accident dated 24/4/2010.
2. The appellant, had filed a claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation to the tune of Rs.21,02,000/- for the
injuries sustained by him in road accident dated 24/4/2010. The reply to the
claim petition was filed and after recording the evidence, the Tribunal awarded
a sum of Rs.41,000/- in total; and respondents were fastened with the liability of
payment of compensation amount with interest @ 6% per annum from
13/5/2011 to 25/8/2014 and thereafter from 13/1/2015 till its realization, 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 24/4/2010 at about 6.30 am,
appellant was travelling as Cleaner in Truck No. MP06E5828 and as soon their
truck reached between Digodha to Anvara AB Road, it is alleged that due to
rash and negligent driving of the truck driver, it dashed another truck and due to
such accident, appellant sustained grievous hurts in his right thigh and ankle
joint and other parts of the body and same 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.41,000/- alongwith
interest at the rate of 6% per annum from the date of claim petition.
5. Shri Gupta, learned counsel representing the appellant contends that
the injuries sustained by the appellant were grievous in nature. The appellant
sustained fracture in his head and he remained hospitalized for long period. He
sustained permanent disability and after the accident and after the accident is
not able to do the work which he used to prior to accident for his livelihood.
The Tribunal erred in disbelieving the disability caused to appellant. The
Tribunal has only awarded Rs. 41,000 /- towards hospital bill, medical
expenses, Special diet, pain and suffering and loss of earning. 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 Sharma, 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. 90,000/- in lump sum thereby making the total compensation Rs.1,31,000/-
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. 90,000/- 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
PRAKASH
GWALIOR,
2.5.4.20=287738d30aabaeda9b10cecdf179c
ec865c7633f4cfb9e38ce14fcbb05b9522a,
postalCode=474001, st=Madhya Pradesh,
serialNumber=8D6BC1C9FCE36623D0BD6B
SOLANKI
8072A2D8C01433EBD48AE4F609F108CA8F
8DE6B522, cn=JAI PRAKASH SOLANKI
Date: 2024.05.27 11:22:04 +05'30'
