Madhya Pradesh High Court
Suresh Gour vs Gaurav Yadav on 19 November, 2025
Author: Anand Pathak
Bench: Anand Pathak
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 19th OF NOVEMBER, 2025
MISC. APPEAL No. 1217 of 2021
SURESH GOUR
Versus
GAURAV YADAV AND OTHERS
Appearance:
Shri J.L. Soni - Advocate for the appellant.
Shri Dinesh Kaushal and Shri Yash Kaushal - Advocates for the respondent
No.3/Insurance Company.
ORDER
This appeal under Section 173(1) of the Motor Vehicle Act, 1988 is
preferred by the appellant/claimant for enhancement of compensation, being
aggrieved by award dated 04/02/2021 passed by the Third Additional Motor
Accident Claims Tribunal, Bhopal in Claim Case No.939/2018, whereby the
Claims Tribunal has awarded a sum of Rs.81,579/- in all heads towards
compensation for the injuries sustained to the appellant and respondents have
been fastened with the liability to pay jointly and severally to the claimants
with 5% per annum interest.
2. The appellant had filed the claim petition under Section 166 of the
Motor Vehicles Act, 1988 seeking compensation to the tune of
Rs.10,00,000/- for the injuries sustained by him. The reply to the claim
petition was filed and after recording the evidence, the Tribunal has awarded
the total sum of Rs.81,579/-. The certificate of permanent disability
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(Ex.P/153) is available on record. The Tribunal believing the certificate of
permanent disability (Ex. P/153) recorded a finding as regard to the
permanent disability to the extent of 25%.
3. As the incident occurred, negligence of driver of driving the offending
vehicle, the issue of liability jointly and severally to pay compensation have
been decided recording the findings in favour of the appellant by the
Tribunal and none of those findings have been assailed at the instance of the
respondents i.e. owner, driver or insurance company by filing the cross
appeal or the cross-objection, however it is not necessary to narrate the entire
facts in detail to burden the judgment on the said issues. It is only the
inadequacy of the compensation which has been assailed, however the
arguments in detail have been considered in succeeding paragraphs.
4. Shri J.L. Soni, learned counsel representing the appellant contends that
looking to the injuries sustained by the appellant, its nature, the percentage
of disability as recorded by the Tribunal is on lower side commensurate to
the future loss of earning on account of disability. The earning has been
accepted on lower side and the multiplier has also not been properly applied
for by awarding the future loss of earning and in other heads like medical
expenses, attendant charges, conveyance, special diet, mental pain and
suffering, loss of wages during treatment, the amount so awarded is also
inadequate. In view of the foregoing submissions, enhancement of the
compensation so awarded by the Claims Tribunal is prayed for.
5. On the other hand Shri Dinesh Kaushal, learned counsel representing the
respondent/Insurance Company contends in support of the findings of the
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Claims Tribunal and submitted that the compensation as awarded by the
impugned award appears to be just and reasonable, therefore, interference by
this Court for enhancement of the compensation is not warranted.
6. After having heard learned counsel appearing for the appellant and on
perusal of the pleadings and the evidence so adduced, certificate of
disability, looking to the nature of injuries, in the opinion of this Court, the
finding so recorded by the Tribunal on the point of permanent disability
appears to be just. However, considering pecuniary and non-pecuniary
charges incurred by the claimant and considering the earning, applying the
proper multiplier and also other heads, in the opinion of this Court, the
amount of compensation so awarded by the Claims Tribunal is liable to be
enhanced by Rs.45,000/- (Rs. Forty Five Thousand) in lump sum thereby
making the total compensation Rs.81,579/- + Rs.45,000 = Rs.1,26,579/-.
7. In view of the forgoing discussions, the appeal succeeds and is hereby
allowed in part. The appellant is held entitled to receive the enhanced amount
of Rs.45,000/- (Rs. Forty Five Thousand) in addition to the amount of
compensation already awarded by the Claims Tribunal. The enhanced
amount shall carry interest @ 5% per annum from the date of filing of claim
petition till its realization. In the facts of the case, parties are directed to bear
their own costs.
8. The instant appeal is allowed in the abovesaid terms, accordingly. In the
facts of the case, parties are directed to bear their own costs.
(ANAND PATHAK)
JUDGE
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