[Cites 1, Cited by 0]
Madhya Pradesh High Court
Mangliya vs Balram Waskel on 15 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:9953
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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. 9873 of 2025
MANGLIYA
Versus
BALRAM WASKEL AND OTHERS
Appearance:
Shri Shyamlal Patidar - Advocate for the appellant.
Shri Mahesh Kumar Sharma - Advocate for respondent no.4.
ORDER
This Misc. Appeal under Section 173(1) of the Motor Vehicles Act,
1988 has been filed by the appellant assailing the impugned award dated
08.09.2025 passed by II Additional Member, Motor Accident Claims
Tribunal, Dhar (M.P.) in Claim Case No.80/2025, whereby an amount of
Rs.2,78,190/- along with interest has been awarded to the appellant/injured.
2. The brief facts of the case are that on 21-09-2024 between 11:00
am. to 11:30 am., appellant was going on Motorcycle bearing registration
No.M.P.-11-N.H.-5837, from his home to Amjhera with his cousins Akash
and Kailash and appellant was pillion rider. When they reached near Water
Tank Keshvi, P.S. Amjhera, District Dhar (M.P.), at the same time a
Motorcycle bearing registration No.M.P.-11-M.N.-4456 driven by
respondent no.1 rashly and negligently dashed the Motorcycle of the
appellant which resulted in several grievous injuries and fracture to the
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appellant.
3. Learned counsel for the appellant submits that the appeal is only
on the point of permanent disability. The amount awarded by the Tribunal is
on the lower side. The permanent disability certificate Ex.P-27, issued by
Dr. Devendra Mandloi PW-4, he has assessed the disability of 28%, but the
Claims Tribunal has taken the disability only to the extent of 7%. He also
submits that the amount in the miscellaneous heads i.e special diet, attendant,
transportation, loss of income, the Tribunal has been given meager amount.
He further submits that the Claims Tribunal has awarded loss of income for
only 2 months whereas the appellant remained under treatment for 3 months.
On these submissions prays for enhancement of the compensation amount.
4. Per contra, learned counsel for the Insurance Company submits
that learned Claims Tribunal has properly appreciated the evidence available
on record and therefore, the impugned award needs no interference. The
amount awarded is just and proper in the facts and circumstances of the case
and prays for dismissal of the appeal.
5. Heard and considered the rival submissions and perused the
evidence available on record.
6. Looking to the nature of injuries and fracture suffered by the
appellant proved by Dr.Devendra Mandloi, PW-4 by permanent disability
certificate Ex.P-27, this Court finds that at least 10% of disablement should
have been taken into account while computing the award amount. Similarly
in the heads of special diet, attendant, transportation and loss of income
deserves to be enhanced.
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7. Considering the evidence that came on record, in the considered
opinion of this Court the compensation amount awarded by the Tribunal is
on the lower side which deserves to be enhanced as under:-
Rs.11,350/- p.m + Rs.2,838/- (FP 25%) =Rs.14,188 x 12
Permanent
=Rs.1,70,256/- x 10% (PD)=Rs.17,025/- x 14
disability
=Rs.2,38,350/-
Medical expenses Rs.33,645/-
Special diet Rs.15,000/-
Transportation Rs.15,000/-
Attendant Rs.15,000/-
Loss of
wages (Rs.11,350 Rs.34,050/-
x 3 months)
Pain and suffering Rs.40,000/-
Total Amount Rs.3,91,045/-
MACT Award Rs.2,78,190/-
Enhanced
Rs.1,12,855/-
Amount
8. Thus, the just and proper amount of compensation in the instant
case is Rs.3,91,045/- as against the award of the Tribunal of Rs.2,78,190/-.
Accordingly, the appellant is entitled to an enhanced amount of
Rs.1,12,855/- over and above the amount which has been awarded by the
Tribunal.
9. Accordingly, the appeal is partly allowed by enhancing the
compensation amount by a sum of Rs.1,12,855/-. The enhanced amount will
also carry interest at the same rate as awarded by the Claims Tribunal.
The other terms and conditions of the impugned award shall remain intact.
(BINOD KUMAR DWIVEDI)
JUDGE
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RJ
