[Cites 1, Cited by 0]
Madhya Pradesh High Court
Sonu vs Jahid on 15 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:9984
1 MA-5076-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 15th OF APRIL, 2026
MISC. APPEAL No. 5076 of 2019
SONU
Versus
JAHID AND OTHERS
Appearance:
Shri Shahid Shaikh - Advocate for the appellant.
Shri Mahesh Kumar Sharma - Advocate for respondent No.3.
ORDER
This Miscellaneous Appeal has been preferred under Section 173(1) of
the Motor Vehicles Act, 1988 against the impugned award dated 19/06/2019
passed by Member, Motor Accident Claims Tribunal, Dewas (M.P.) in Claim
Case No.229/2018, whereby an amount of Rs.7,06,728/- has been awarded
from the date of filing of claim petition to the appellant / claimant with
interest @ 6% per annum.
2) Learned counsel for the appellant submits that the learned Claims
Tribunal has assessed the income of the injured at Rs.300/- per day and
assuming that he was getting work for 24 days only in a month his income
has been assessed at Rs.7,200/- per month only. The contention of counsel
for the appellant is that instead of assessing income only for 24 days, the
claimant is entitled for compensation by taking income for the whole month
i.e. 30 days, therefore, considering the fact that appellant was earning
NEUTRAL CITATION NO. 2026:MPHC-IND:9984
2 MA-5076-2019
Rs.300/- per day his income for 30 days comes to Rs.9,000/- per month,
therefore, income of Rs.9,000/- per month should have been taken
calculating the compensation amount.
2.1) He further submits that learned Claims Tribunal has also
committed an error in awarding consolidated amount of Rs.25,000/- in the
heads of Transportation, Special Diet and Attendant, which is on lower side,
therefore, at least Rs.40,000/- should have been awarded in these heads.
2.2) Learned counsel further submits that in the head of future medical
expenses meager amount of Rs.10,000/- has been awarded, which looking to
the hardship and injuries suffered by the appellant, should have been
enhanced and at least of Rs.29,000/- should have been awarded in this head.
On these contentions, learned counsel prays for allowing the appeal by
enhancing the award amount.
3) Per contra, learned counsel for the respondent / Insurance Company
has opposed the prayer on the ground that evidence led before the learned
Claims Tribunal has been rightly appreciated. The amount awarded by the
learned Claims Tribunal is just and proper and no enhancement is required.
All the factors have been considered by the learned Claims Tribunal while
awarding the compensation amount and no fault can be found with in the
impugned award. Hence, prays for dismissal of the appeal being devoid of
any substance.
4) Heard and considered the rival submissions raised at bar by learned
counsel for the parties and perused the record.
5) From perusal of the record it is apparent that the learned Claims
NEUTRAL CITATION NO. 2026:MPHC-IND:9984
3 MA-5076-2019
Tribunal has assessed the income of claimant at Rs.300/- per day but has
committed an error in assessing the income for 24 days only instead of 30
days. Income of the appellant for 30 days comes to Rs.9,000/- per month,
therefore, the same is taken for assessing the compensation amount.
6) Meager amount of Rs.25,000/- has been awarded by the learned
Claims Tribunal in the head of Transportation, Special Diet and Attendant,
which appears on lower side, therefore, the same enhanced to Rs.40,000/-.
Looking to the injuries suffered by the appellant, the amount awarded in the
head of future medical expenses also appears on lower side, therefore, the
same is enhanced from Rs.10,000/- to Rs.29,000/-.
7) Accordingly, the just and proper compensation amount comes as
under:
Rs.9,000/- PM + 40% FP x 12 Months
Permanent Disability: x Multiplier of 18 x 25% PD
= Rs.6,80,400/-
Medical Bills: Rs.77,408/-
Transportation, Special Diet &
Rs.40,000/-
Attendant Expenses:
Future Medical Expenses: Rs.29,000/-
Physical & Mental Sufferings: Rs.50,000/-
Total Amount: Rs.8,76,808/-
MACT Awarded: Rs.7,06,728/-
Enhanced Amount: Rs.1,70,080/-
Thus, the just and proper amount of compensation in the instant case is
Rs.8,76,808/- as against the award of the Tribunal of Rs.7,06,728/-.
Accordingly, the appellant is entitled to an enhanced amount of
Rs.1,70,080/- over and above the amount which has been awarded by the
Tribunal.
8) Resultantly, the appeal filed by the appellant / claimant is allowed
NEUTRAL CITATION NO. 2026:MPHC-IND:9984
4 MA-5076-2019
to the extent as indicated hereinabove. Other terms and conditions of the
impugned award including rate of interest @ 6% shall remain intact. The
enhanced amount shall also carry interest at the same rate.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
