Subhash vs Shabbir Khan
2025 Latest Caselaw 8404 MP

Madhya Pradesh High Court

Subhash vs Shabbir Khan on 25 April, 2025

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

          NEUTRAL CITATION NO. 2025:MPHC-IND:11047




                                                              1                                 MA-1227-2016
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                   ON THE 25th OF APRIL, 2025
                                                 MISC. APPEAL No. 1227 of 2016
                                                         SUBHASH
                                                           Versus
                                                 SHABBIR KHAN AND OTHERS
                           Appearance:

                                   Shri Romil Malpani - advocate for the petitioner.

                                   Shri Manoj Jain, learned counsel for the respondent [R-3].




                                               Heard on              :     27.03.2025

                                                Pronounced on        :    24.04.2025

                                                             JUDGMENT

This appeal filed by the appellant/claimant u/S. 173 of the Motor Vehicles Act, 1988 is arising out of the award dated 04.04.2016 passed by

Member, MACT, District Indore (in short "Claims Tribunal") in Claim Case No.252/2015 on account of inadequacy of compensation and hence seeking enhancement of compensation.

2 . As per prosecution story on 13.12.2010 at about 11.00 am appellant Subhash along with co-passenger Sudhir was travelling going in a car (Tavera No. MH 16 MJ 2388) which was driven with due care.

NEUTRAL CITATION NO. 2025:MPHC-IND:11047

2 MA-1227-2016

Respondent No.2 was driving the offending vehicle truck rashly and negligently and hit the car of the applicant due to which driver of the car died on the spot and appellant who was travelling in the car sustained injuries and permanent disability.

3. 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, driver of the Tavera car died, appellant and other passenger Sudhir sustained fracture and got permanent disability.

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

respondent No. 2 dashed the car due to which, the vehicle Tavera Car was damaged and the appellant sustained grievous injuries and fracture of humorous bone of right hand for which an amount of compensation to the tune of Rs.2,10,800/- has been awarded to the appellant by the Claims Tribunal with interest @ 6% per annum from filing of claim petition.

5. 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.

6. On the other hand, learned counsel for the respondent/insurance company contended that the amount awarded by the Claims Tribunal is just

NEUTRAL CITATION NO. 2025:MPHC-IND:11047

3 MA-1227-2016 & proper and needs no enhancement. He supported the findings recorded by the Claims Tribunal and prays for dismissal of the appeal.

7. 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 economic loss with regard to various heads and permanent disability sustained by the appellant and co-passenger Sudhir due to accident, it would be appropriate to enhance to lump sum amount of Rs.60,000/-.

8 . 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.60,000/- in the present appeal. The appellant is entitled to receive Rs.60,000/- in addition to the amount already 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.

9. The present appeal stands disposed of.

(PREM NARAYAN SINGH) JUDGE

sumathi