Madhya Pradesh High Court
Ashok Kumar vs Shubham on 2 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:8851
1 MA-5605-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 2 nd OF APRIL, 2025
MISC. APPEAL No. 5605 of 2024
ASHOK KUMAR
Versus
SHUBHAM AND OTHERS
Appearance:
Shri Vishal Sharma - advocate for the appellant.
Ms. Divya Sajnani, learned counsel for the respondent [R-1].
Ms. Priti Keshwani, learned counsel for the respondent [R-3].
Heard on : 24.03.2025
Pronounced on : 02.04.2025
JUDGMENT
1. The appellant - claimant has filed This appeal under Section 173
(1) of the Motor Vehicles Act, 1988 has been filed by the appellant being
aggrieved by award dated 06.04.2024 passed in MACC No.277/2021 by IV
Member of Motor Accident Claims Tribunal, District Khargone, whereby a
total compensation amount of Rs.3,08,537/- has been awarded in favour of
the claimant.
2. The present appeal is filed seeking enhancement in compensation
amount up to Rs.3,00,000/-.
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3. In short, the facts of the case are that on 21.04.2021 at about 2.00
pm, the appellant was going to village Sagdiyaavn on his motor cycle slowly
on safe side and when he reached near Devalgaon crossing on Ichchapra
Highway Road, near Dhangaon, at that time the respondent no.1, was driving
the offending vehicle No. MP-09-CK-8726, (which was owned by
respondent no.2) rashly and negligently, dashed down the appellant's vehicle
due to which he suffered serious injuries on various parts of body causing
permanent disability.
4. The Tribunal while awarding the amount of compensation has
considered the entire evidence placed on record and after recording evidence
Tribunal awarded a total compensation of Rs.3,08,537/- in the following
heads:
Medical expenses Rs.2,32,037/-
Loss of income due to injury Rs.35,000/-
Special diet Rs.15,000/-
Mental Pain & suffering Rs.35,000/-
Attendant Rs.5,000/-
Conveyance Rs.5,000/-
TOTAL Rs.3,08,537/-
5. This appeal has been filed on the ground that the Learned Member
of the Tribunal has wrongly adjudicated regarding the expenses in the
treatment of the Appellant and passed award on these heads only
Rs.3,08,537/- however the cumulative calculation of expenses is around Rs
6,08,537/-. The appellant is aged about 48 years and was working as
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Monitoring In-charge in Unique Pest Control Services, Bharat Petroleum
Gas Corporation and due to the accident his salary was not reduced.
However due to the accident he has suffered compound fracture in head
Right leg of tibia and femur bone, rod was inserted below the left knee and
other injuries over body, which made him incapable for doing his domestic
household work. He was hospitalised from 22.04.2021 to 30.04.2021 and
from 29.05.2021 to 04.06.2021 i.e. for 16 days. The learned Tribunal has
decided the claim of the appellant without minutely going through the
documents exhibited which includes history of treatment of the appellant
from the date of accident. The compensation awarded on other heads by the
learned Tribunal is on very lower side. The interest of 6% is also on very low
as per settled law on this point. Trial Court denied to considered the
disability certificate since the same has not been obtained in accordance with
law and no explanation has been given by the appellant as to why he has not
approached the Medical Board constituted by Three members, District
Hospital, Khargone, so also the certificate has been obtained after 16 months,
therefore the trial Court has not considered the permanent disability. The
income of the appellant is calculated by the Tribunal at Rs.5,500/- per month
which is also on the lower side.
6. On the other hand, learned counsel for the respondent has opposed
the submissions made by counsel for the appellant and submitted that the
Tribunal has not committed any error and has rightly passed the award in
favour of the appellant. No disability in the accident, has been got by the
appellant.
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7. I have heard counsel for the parties and perused record. Learned
Trial Court has awarded Rs.2,32,037/-in the head of medical expenses, in the
head of mental pain and sufferings awarded Rs.35,000/-, and awarded
Rs.5,000/- in the head of cost of expenditure on transportation and attendant
under each head, for special diet Rs.15000/- loss of income during treatment
as Rs.16,500/- as such awarded total Rs.3,08,537/-.
8. However, the aforesaid calculation of award by learned Tribunal is
looking on lower side and in view of the documents and evidence available
before this Court, this Court is of the view that appellant sustained compound
comminuted fracture in Right Femur bone, fracture in left and left leg Tibia
bone and other injuries over body, That apart in this case as per the opinion
of Dr. Rajendra Joshi (P.W.2) the claimant has received permanent
disablement of 30% permanent disability with regard to the injuries
sustained by him, but since the certificate has not been obtained in
accordance with law so also the same has been obtained after 16 months of
the incident, therefore the same has not been considered by the trial Court.
However, due to the accident he has suffered compound fracture in head
Right leg of tibia and femur bone, rod was inserted below the left knee and
other injuries over body, which made him incapable for doing his domestic
household work, therefore he has to take help from any other person for
performing domestic work for his remaining livelihood, though his salary
was not educed, hence the permanent disability is reckoned on the basis of
minimum wages. the permanent disability for the whole body shall be taken
at 10%.
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9. Appellant was working as Monitoring Incharge, hence as per
minimum wages and as per the evidence available on record, monthly
income is taken as Rs.8700/- and as the appellant is 44 years old person,
future prospectus is required to be calculated @ 25% on Rs.8,700/- i.e.
Rs.10875/- (8700+2175) and yearly Rs.1,30,500/- (Rs.10875 x 12)
permanent disability is assessed @ 10% x Multiplier of 13 is applied since
the age of the appellant is 44 years which comes to Rs.1,69,650/-.
Similarly, due to the injury the appellant was not able to perform his regular
duties till three months from the date of the accident, therefore, the head of
loss of income of three months is maintained at Rs.26,100/-. Transportation
and Special attendant is taken at Rs.5,000/- under each head, Special diet
expenses @ Rs.15,000/- and Medical Bills at Rs.2,32,037/-. Mental pain and
suffering shall remain intact. As such, the total amount of award will be
Rs.4,87,787/- as per the chart below:-
Permanent disability Rs.1,69,650/-
Medical expenses Rs.2,32,037/-
Transportation charges Rs.5,000/-
Mental Pain & suffering Rs.35,000/-
Loss of income Rs.26,100/-
Special diet Rs.15,000/-
Attendant Rs.5,000/-
TOTAL Rs.4,87,787/-
10 . The amount awarded by the tribunal is Rs.4,87,787/- the
difference of assessment is Rs.1,79,250/-. Accordingly, the appellant is
entitled to an additional sum of Rs1,79,250/- over and above the amount
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which has been awarded by the Tribunal.
11. In the result, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.1,79,250/-. 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.
12. In view of above, miscellaneous appeal filed by the appellants-
claimants stands disposed of.
(PREM NARAYAN SINGH)
JUDGE
sumathi
