Madhya Pradesh High Court

Usman vs Ramkishan on 1 April, 2025

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

           NEUTRAL CITATION NO. 2025:MPHC-IND:8636




                                                             1                              MA-1131-2017
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH


                                              MISC. APPEAL No. 1131 of 2017
                                                       USMAN
                                                        Versus
                                                RAMKISHAN AND OTHERS
                         Appearance:
                            Shri Vijay Singh Chouhan, learned counsel for the appellant.
                            Shri Manoj Jain, learned counsel for the respondent [R-3].

                                            Heard on                  :     12.03.2025

                                             Pronounced on            :     01.04.2025

                                                           JUDGMENT

This appeal by the appellant/claimant u/S. 173 of the Motor Vehicles Act, 1988 is arising out of the award dated 26.04.2017 passed by Member, MACT, District Indore (in short "Claims Tribunal") in Claim Case No.122/2012 on account of inadequacy of compensation and

seeking enhancement of compensation.

2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Claims Tribunal in this regard are not in question. It emerged that due to accident, two buffaloes were died and one cow was injured.

3. As per findings of the Claims Tribunal, in this case, the

NEUTRAL CITATION NO. 2025:MPHC-IND:8636

2 MA-1131-2017 vehicle of the dashed by respondent No. 2. Due to which, the vehicle Car of the appellant damaged and for which an amount of compensation to the tune of Rs.1,02,000/- has been awarded by the Claims Tribunal with interest @ 6% per annum from filing of claim petition till its realization.

4 . Learned counsel for the appellant submits that Claims Tribunal has committed grave error in awarding the amount. He further submits that Claims Tribunal has awarded the compensation in lower side, hence, it is prayed that compensation amount be enhanced and just and reasonable amount of compensation may be awarded.

5. On the other hand, learned counsel for the respondent/insurance company contended that the amount awarded by

the Claims Tribunal is just and proper and needs no enhancement. He supported the findings recorded by the Claims Tribunal and prays for dismissal of the appeal.

6. After hearing learned counsel for the parties and perusal of the record as well as looking to the facts and circumstances of the case, more particularly looking to the economy loss and loss of two buffaloes caused due to accident, it would be appropriate to enhance to lump sum amount of Rs.70,000/-.

7. Accordingly, present appeal is allowed in part to the extent indicated herein above. The amount of compensation is enhanced to lump sum amount of Rs.70,000/- in the present appeal. The appellant is entitled to receive Rs.70,000/- in addition to the amount already

NEUTRAL CITATION NO. 2025:MPHC-IND:8636

3 MA-1131-2017 awarded by the Claims Tribunal. The enhanced amount shall carry interest as awarded by the Claims Tribunal from the date of the filing of the claim petition till its realization. All other findings recorded by the Claims Tribunal shall remain intact.

8. The present appeal stands disposed of.

(PREM NARAYAN SINGH) JUDGE

Vindesh