Madhya Pradesh High Court
Meenakshi vs Kanhaiyialal @ Radheshyam on 2 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:8850
1 MA-2318-2014
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. 2318 of 2014
MEENAKSHI
Versus
KANHAIYIALAL @ RADHESHYAM AND OTHERS
Appearance:
Shri Sachin Parmar - advocate for the appellant.
Shri Abhay Chand Jain, 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 of the
Motor Vehicles Act, 1988 has been filed by the appellant being aggrieved by
award dated 07.08.2014 passed in MACC No.49/2013 by First Member of Motor
Accident Claims Tribunal, District Neemuch, whereby a total compensation
amount of Rs.85,300/- has been awarded in favour of the claimant.
2. In short, the facts of the case are that on 16.03.2011 at about 7.30 pm, the
appellant was pillion riding with her brother Sanjay on motor cycle bearing
registration No.MP-44-MC-6546 and suddenly the offending vehicle Ashok
Leyland Dumper bearing registration No.RJ-14-GB-5452 hit the motorcycle from
behind due to which appellant suffered grievous injuries. The said dumper was
NEUTRAL CITATION NO. 2025:MPHC-IND:8850
2 MA-2318-2014
driven by respondent no.1, owned by respondent no.2 and insured with respondent
no.3.
3. 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.85,300/- in the following heads:
Medical expenses Rs.42,380/-
Loss of income due to injury Rs.3,000/-
Special diet Rs.1,000/-
Permanent Disability Rs.38,880/-
(Rs.3000/- x 6% x 12 x 18)
TOTAL Rs.85,260/-
Round off figure Rs.85,300/-
4. 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.85,300/- however the
cumulative calculation of expenses is around Rs.3,60,000/-. The appellant is aged
about 23 years and was a house wife. Due to the accident she has sustained
fracture on radius and ulna bone which made her incapable for doing her physical
work. She was hospitalised from 17.03.2011 to 21.03.2011 i.e. for 5 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. The income of the appellant is calculated by the
Tribunal at Rs.3,000/- per month which is also on the lower side.
5. 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. In support of
his arguments,
6. I have heard counsel for the parties and perused record. Learned Trial
NEUTRAL CITATION NO. 2025:MPHC-IND:8850
3 MA-2318-2014
Court has awarded Rs.85,300/-in the head of medical expenses, in the head of
special diet Rs.1,000/-, under permanent disability Rs.38,800/- as such awarded
total Rs.85,300/-.
7. 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 fracture has sustained
fracture on radius and ulna bone which made her incapable for doing her physical
work. That apart in this case as per the Medical Board Certificate the claimant has
received permanent disablement of 20% permanent disability with regard to the
injuries sustained by her, but the trial Court has considered the permanent
disability at 6%. However, considering the injuries sustained in various parts of
the body the permanent disability for the whole body shall be taken at 7%.
8. Appellant is a house wife, hence as per minimum wages and as per the
evidence available on record, monthly income is taken as Rs.4,145/- and as the
appellant is 23 years old person, future prospectus is required to be calculated @
40% on Rs.4,145/- i.e. Rs.5803/- (4145+1658) and yearly Rs.69636/- (Rs.5803 x
12) permanent disability is assessed @ 7% x Multiplier of 18 is applied since the
age of the appellant is 23 years which comes to Rs.87,741/-. Similarly, due to the
injury the appellant was not able to perform her regular duties from the date of the
accident, therefore, the head of loss of income is taken as Rs.5,000/-. Special diet
expenses is taken as Rs.5,000/- and Medical Bills at Rs.42380/-. Mental pain and
suffering @Rs.10,000/- As such, the total amount of award will be Rs.1,50,121/-
as per the chart below:-
Permanent disability Rs.87,741/-
Medical expenses Rs.42,380/-
NEUTRAL CITATION NO. 2025:MPHC-IND:8850
4 MA-2318-2014
Special diet Rs.5,000/-
Injuries Rs.10,000/-
Attender Rs.5,000/-
TOTAL Rs.1,50,121/-
9. The amount awarded by the tribunal is Rs.85,300/- the difference of
assessment is Rs.1,50,121/. Accordingly, the appellant is entitled to an additional
sum of Rs.64,821/- over and above the amount which has been awarded by the
Tribunal.
10. In the result, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.64,821/-. 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.
11. If the enhanced amount of compensation is in excess to the valuation of
appeal, the difference of the Court fee (if not already paid) shall be deposited by
the appellants- claimants within a period of one month and proof thereof, shall be
submitted before the Registry. Thereafter, the Registry shall issue the certified
copy of the order passed today.
12. In view of above, miscellaneous appeal filed by the appellants- claimants
stands disposed of.
(PREM NARAYAN SINGH)
JUDGE
sumathi
