Madhya Pradesh High Court
Phoolsingh vs Kesharsingh on 19 February, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:4643
1 MA-529-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
MISC. APPEAL No. 529 of 2017
PHOOLSINGH
Versus
KESHARSINGH AND OTHERS
Appearance:
Shri Navneet Kishore Verma - advocate for the appellant.
Shri Saranjit Singh Chawla, learned counsel for the respondent [R-3].
Heard on : 20.01.2025
Pronounced on : 19.02.2025
ORDER
1. The appellant - claimant has filed this appeal under Section 173 (1) of the
Motor Vehicles Act, 1988 being aggrieved by award dated 23.9.2016 passed in Claim
Case bearing number 156/2015 by First Additional Member of Motor Accident Claims
Tribunal, Dewas (M.P.) whereby a total compensation amount of Rs.63,000/- has been
awarded in favour of the claimant.
2. The present appeal is filed seeking enhancement in compensation amount
amount up to Rs.1,00,000/-.
3. In short, the facts of the case are that on 25.06.2015, the appellant
Phoolsing was going with Rajesh Choudhary on his motorcycle from Dewas to his
Village. Rajesh was driving the motorcycle in limited speed. As they have reached to
Bhopal Road, respondent NO. 1 has dashed them by Bolero bearing registration No.
MP-09 V-8764 thereby the appellant fell down and sustained various injuries.
4. The Tribunal while awarding the amount of compensation has considered the
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entire evidence placed on record and after recording evidence Tribunal awarded a total
compensation of Rs.65,00,000/- in the following heads:
Medical expenses Rs.47,000/-
Loss due to injury Rs.3,000/-
Attendant charges, Special diet and Transportation charges Rs.3,000/-
Mental Pain & suffering Rs.3,000/-
Injury Rs.7,000/-
TOTAL Rs.63,000/-
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 this head only Rs.47,000/- however the cumulative
calculation of expenses is around Rs 2,00,000/-. The appellant was young and energetic
man and was earning for his livelihood as agriculturist as well as also earning from rural
businesses. Due to the accident he has suffered brain injury and injuries in different part
of body, which made him incapable for doing his physical work. The learned Tribunal
has decided the claim of the appellant without minutely going through the documents
exhibited which includes history of treatment 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 as Rs. 100/- per day which is also
on the lower side. Counsel also placed reliance in the judgment passed by Hon'ble
Apex Court in the case of Sanjay Kumar Vs. Ashok Kumar and Another 2014 2
SCC(Cri) 550.
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
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disability in the accident, has been got by the appellant. In support of his arguments,
Counsel also placed reliance in the case of Raj Kumar Vs. Ajay Kumar and Another
(2011) 1 SCC 343.
7. I have heard counsel for the parties and perused record. Learned Trial Court
has awarded in the head of medical expenses as Rs. 47,000/-, in the head of injury pain
and mental pain total awarded Rs. 10,000/-, in the head of cost of expenditure on
attendant, special diet and transportation awarded Rs. 3000/-, loss of income during
treatment as Rs. 3000/- as such awarded total Rs. 63,000/-.
8. So far as the case of Sanjay Kumar (supra) is concerned, in this case the
appellant has lost his a leg due to accident, which comes under the purview of
pernanent disability. In the case at hand, the appellant has only sustained injuries on
head and other parts of the body, that cannot be established as permanent disability.
9. However, the aforesaid calculation of award by learned Tribunal is looking
on lower side and in view of the the documents and evidence available before this
Court, this Court is of the view that medical expenses with regard to future treatment
should be enhanced as Rs. 20,000/-. Similarly, the head of pain and suffering and
conveyance expenses also required to be enhanced to the extent Rs. 10,000/-. Further,
the head of attendant, special diet and other expenses is also required to be enhanced to
the extent of Rs. 7,000/-. As such, the total amount of award will be Rs. 1,00,000/-.
10. Accordingly, the appellant is entitled to an additional sum of
Rs.37,000/- over and above the amount 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.37,000/-. 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.
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12. In view of above, miscellaneous appeal filed by the appellants- claimants
stands disposed of.
(PREM NARAYAN SINGH)
JUDGE
VD
