Madhya Pradesh High Court
Sharvan Panwar vs Gaurav Dhangar on 21 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:10344
1 MA-2537-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
MISC. APPEAL No. 2537 of 2023
SHARVAN PANWAR
Versus
GAURAV DHANGAR AND OTHERS
Appearance:
Shri Shyamlal Patidar, learned counsel for the applicant.
Shri Bhashkar Agrawal, learned counsel for the respondent [R-2].
Heard on : 15.04.2025
Pronounced on : 21.04.2025
JUDGMENT
1. The appellant - claimant has filed this appeal under Section 173
(1) of the Motor Vehicles Act, 1988 being aggrieved by award dated
25.01.2023 passed in Claim Case bearing No. 168/2019 by First Additional
Member of Motor Accident Claims Tribunal, Manawar, District-Dhar (M.P.)
whereby a total compensation amount of Rs.1,87,093/- has been awarded in
favour of the claimant.
2. The present appeal is filed seeking enhancement in compensation
amount amount up to Rs.2,00,000/-.
3. In short, the facts of the case are that on 06.02.2019 at about
06:00 pm, the appellant was going from Dharampuri to Bakaner by Motor
Cycle, at the same time, a mobor cycle bearing registration No. MP11 MV
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3129 came very rash and negligently driven by respondent No. 1 dashed the
appellant, thereby the appellant has suffered various injuries in his body and
fracture in his right leg and rod was inserted.
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.1,87,093/- in the following
heads :-
Heads Amount
Loss of income during treatment Rs.6,000/-
Medical expenses Rs.1,56,093/-
Pain & suffering Rs.10,000/-
Transportation charges Rs.10,000/-
Special diet Rs.5,000/-
TOTAL Rs.1,87,093/-
5. Learned counsel for the appellant submits that the Tribunal has
committed an error in not awarding just and proper amount of compensation
in the case as the amount awarded by the Tribunal is on the lower side. The
Tribunal has committed error in not considering the permanent disability of
appellant/Sharvan and has not awarded any amount under permanent
disability, whereas the appellant was admitted in the hospital from
07.02.2019 to 13.02.2019 and from 16.10.2019 to 18.10.2019. The Tribunal
has committed an error in not awarding any sum under the head of future
prospects. The appellant was young and was earning for his livelihood by
doing work as driver. Due to the accident he has suffered several injuries in
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different parts of body, which made him incapable for doing his physical
work. 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 as
Rs. 6000/- per month which is also on the lower side. On these grounds, it is
prayed for enhancement of compensation.
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 permanent disability in the accident, has been
occurred with the appellant. Hence, prayer for enhancement of compensation
be rejected.
7. After hearing learned counsel for the parties and on perusal of the
record, more particularly the age of the claimant, nature of injuries, in the
considered opinion of this Court, it is revealed that no amount has been
awarded to the claimant for permanent disability whereas the Doctor Jamra
(P.W.-2) has clearly opined 36% disability of Limb (Ex.P/43). Certainly, no
opinion is adverted with regard to permanent disability of whole body, but
looking to the injuries of fracture, it can be assumed that the injured has 10%
disability. Since, the income of the injured is assumed as Rs.6,000/- per
month and by adding 40% future prospects, it becomes for 12 months of Rs.
1,00,800/-. Further, after multiplier of 18 should be applied with 10% of
disability in annual income, comes Rs.1,81,440/-. Likewise, awarded amount
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in other heads is also required to be enhanced as follows :-
HEADS AMOUNT
Rs.6000/- + 2400/- (40% Future
prospects) =Rs.8,400/- (per month) X 12
Permanent Disablement
=Rs.1,00,800/- (per year) X 10% (P.D.)
X 18 (Multiplier)=Rs.1,81,440/-
Loss of income during treatment Rs.12,000/- (for two months)
Medical Expenses Rs.1,56,093/-
Pain and suffering Rs.10,000/-
Transportation charges Rs.10,000/-
Special diet Rs.5,000/-
Attendant Rs.5,000/-
TOTAL Rs.3,79,533/-
MACT Awarded Amount Rs.1,87,093/-
Enhanced Amount Rs.1,92,440/-
9. Thus, the just and proper amount of compensation in the instant
case is Rs. 3,79,533/- as against the Award of the Claims Tribunal of
Rs.1,87,093/- Accordingly, the appellant/claimant is entitled to an additional
sum of Rs.1,92,440/- over and above the amount, which has been awarded
by the Claims Tribunal.
10. In the result, this miscellaneous appeal is partly allowed, by
enhancing the compensation amount by a sum of Rs.1,92,440/-. The
enhanced amount shall carry interest as fixed by the learned Claims Tribunal
from the date of filing of claim petition till its realization. The said amount
be paid within a period of three months from the date of receipt of certified
copy of this order. Rest of conditions as imposed by learned Claims Tribunal
shall remain intact.
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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 appellant- claimant 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 appellant-
claimant stands disposed of.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
