Madhya Pradesh High Court
Vijaysingh vs Sanjay Kumar Prasad on 26 March, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:8281
1 MA-5656-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 26 th OF MARCH, 2025
MISC. APPEAL No. 5656 of 2023
VIJAYSINGH
Versus
SANJAY KUMAR PRASAD AND OTHERS
Appearance:
Shri Himanshu Paliwal - advocate for the petitioner.
Shri Akshansh Mehra, learned counsel for the respondent [R-2].
Heard on : 11.03.2025
Pronounced on : 26.03.2025
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 01.08.2023 passed in MACC No.168/2020 by XXII Member of
Motor Accident Claims Tribunal, District Indore, whereby a total compensation
amount of Rs.5,89,232/- has been awarded in favour of the claimant.
2. The present appeal is filed seeking enhancement in compensation amount
up to Rs.8,89,232/-.
3. In short, the facts of the case are that on 17.06.2019 at about 7.00 pm, the
appellant was going to his duty on his motor cycle slowly on safe side and when
he reached near Salia Baba temple, Padali, at that time the respondent no.1, was
driving the offending vehicle No. MP-09-CQ-5067 rashly and negligently, dashed
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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.5,89,232/- in the following heads:
Medical expenses Rs.2,60,482/-
Loss of income due to injury Rs.46,200/-
Transportation, Special diet & other expenses Rs.15,000/-
Mental Pain & suffering Rs.25,000/-
Permanent disability Rs.2,42,550/-
TOTAL Rs.5,89,232/-
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.5,89,232/-
however the cumulative calculation of expenses is around Rs 9,00,000/-. The
appellant is aged about 48 years and was working as Security Guard. Due to the
accident he has suffered fracture in head Right Femur bone, Right and left Radius
bone, ulna bones and multiple ribs, severe wound in mouth, which torn his tongue
and other injuries over body, which made him incapable for doing his physical
work. He was hospitalised for 20 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
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income of the appellant is calculated by the Tribunal at Rs.7,700/- per month
along with future prospectus of 25% 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. In support
of his arguments,
7. I have heard counsel for the parties and perused record. Learned Trial
Court has awarded Rs.2,60,482/-in the head of medical expenses, in the head of
mental pain and sufferings awarded Rs.25,000/-, in the head of cost of expenditure
on transportation and special diet Rs.15,000/-, loss of income during treatment as
Rs.46,200/- and calculated permanent disability as Rs.242,550/- as such awarded
total Rs.5,89,232/-.
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 fracture in head, Right Femur
bone, Right and left Radius bone, Ulna bones and multiple ribs, severe wound in
mouth, which torn his tongue and other injuries over body, which made him
incapable for doing his physical work. That apart in this case as per the opinion
of Dr. Surendra Bapat (P.W.2) the claimant has received permanent disablement
of 20% in tongue, 30% in right hand, 33% in left hand, 42% in right leg and 35%
in chest as such assessed 100% permanent disability with regard to the injuries
sustained by him, however, in cross examination he admitted there is no loss of
strength in any muscle and that applicant has not suffered any kind of
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disability except tongue, in view of the aforesaid trial Court has considered the
permanent disability at 15%. However, considering the injuries sustained in
various parts of the body the permanent disability for the whole body shall be
taken at 30%.
9. Appellant was working as security guard, hence as per minimum wages
of unskilled labour and as per the evidence available on record, monthly income is
taken as Rs.7700/- and as the appellant is 48 years old person, future prospectus is
required to be calculated @ 25% on Rs.7,700/- i.e. Rs.9,625/- (7700+1925) and
yearly Rs.1,15,500/- (Rs.9,625 x 12) permanent disability is assessed @ 30% x
Multiplier of 14 is applied since the age of the appellant is 48 years which comes
to Rs.4,85,100/-. Similarly, due to the injury the appellant was not able to
perform his regular duties till six months from the date of the accident, therefore,
the head of loss of income of six months is maintained at Rs.46,200/-.
Transportation and Special diet expenses @ Rs.15,000/- is on the lower side,
therefore, Transportation charges it taken at 15,000/-, Special Diet is taken at
Rs.10,000/- and Attendant charges is assessed as Rs.20000/-. Mental pain and
suffering shall remain intact. As such, the total amount of award will be
Rs.8,61,782/- as per the chart below:-
Permanent disability Rs.4,85,100/-
Medical expenses Rs.2,60,482/-
Transportation charges Rs.15,000/-
Mental Pain & suffering Rs.25,000/-
Loss of income Rs.46,200/-
Special diet Rs.10,000/-
Attendant Rs.20,000/-
TOTAL Rs.8,61,782/-
10 . The amount awarded by the tribunal is Rs.589,232/- the difference of
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assessment is Rs.2,72,550/-. Accordingly, the appellant is entitled to an
additional sum of Rs.2,72,550/- 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.2,72,550/-. 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
