[Cites 3, Cited by 0]
Madhya Pradesh High Court
Bherulal vs Chaganlal And 2 Ors. on 23 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5359
1 MA-3595-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 23rd OF FEBRUARY, 2026
MISC. APPEAL No. 3595 of 2010
BHERULAL
Versus
CHAGANLAL AND 2 ORS. AND OTHERS
Appearance:
Shri R.N. Dave and Shri Hemant Kumar Vaishnav - Advocate for
the appellant.
Shri Pradeep Gupta - Advocate for the respondent No. 3.
ORDER
This Miscellaneous Appeal has been filed under Section 173(1) of
Motor Vehicle Act, 1988 against the impugned award dated 11.08.2010
passed in Claim Case No. 230/2010 whereby appellant/injured has been
awarded Rs.35,524/- along with an interest @ 6% from the date of filing
of claim petition i.e. 18.04.2009.
02. Learned counsel for the appellant submits that learned Claims
Tribunal has committed an error in considering that driver of the
offending vehicle was not having valid and effective driving licence as
per category of the vehicle i.e. Motorcycle whereas he was having
driving licence of HMV, but the insurance company which should have
been given direction to pay and recover has been exonerated by the
NEUTRAL CITATION NO. 2026:MPHC-IND:5359
2 MA-3595-2010
learned Claims Tribunal which is bad in law. For this, he has placed
reliance on Oriental Insurance Company vs. Zaharulnisha & Ors. AIR
2008 SC 2218 and National Insurance Company vs. Swaran Singh 2004
ACJ Page 1 to bolster his submission. He further submits that the amount
awarded is on lower side and in the head of pain and suffering, special
diet, loss of wages and transportation, proper amount should have been
awarded, hence he prays for enhancement of the award amount.
03. Learned counsel for the insurance company has opposed the
prayer on the ground that just and proper compensation has been
awarded by the learned Claims Tribunal and needs no interference,
hence prays for dismissal of the appeal.
Heard and considered the submissions raised by learned counsel
for the parties and perused the record.
04. As held by the Apex Court in the case of Oriental Insurance
Company vs. Zaharulnisha & Ors. AIR 2008 SC 2218 and National
Insurance Company vs. Swaran Singh 2004 ACJ Page 1 , it has been held
that in case of valid and effective driving licence or was having a
different type of licence, then principle of 'pay and recover' will be
applicable. The learned Claims Tribunal has failed in exonerating the
Insurance Company, hence that finding is set aside and it is directed that
Insurance Company will pay first awarded amount and then it recover
from the owner and driver.
05. As far as enhancement of the award amount is concerned, if
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3 MA-3595-2010
appropriate amount as per following bifurcation is to be given, it will be
just and proper compensation. Accordingly, the just and proper
compensation comes as under:-
For injury Rs.30,000/-
Medical Expenses Rs.5,524/-
Pain & suffering Rs.5,000/-
Special diet Rs.5,000/-
Attendant Expenses Rs.5,000/-
Transportation Rs.5,000/-
Loss of wages Rs.5,000/-
Total amount Rs.60,524/-
MACT award Rs.35,524/-
Enhanced amount Rs.25,000/-
06. Thus, the just and proper amount of compensation in the
instant case is Rs.60,524/- as against the award of the Tribunal of
Rs.35,524/-. Accordingly, the appellant is entitled to an enhanced
amount of Rs.25,000/- over and above the amount which has been
awarded by the Tribunal. It is directed that the insurance company will
pay the awarded amount first and then the same will be recovered from
the owner and driver by the Insurance Company.
07. The appellant will pay the requisite Court fees within a period
of 30 days from today (if not already paid) and only thereafter enhanced
amount will be disbursed. It is made clear, in case the court fees is not
paid within the stipulated period, the appellant will not be entitled for
claiming interest on the enhanced amount beyond 30 days' period till the
payment of court fee.
NEUTRAL CITATION NO. 2026:MPHC-IND:5359
4 MA-3595-2010
08. Accordingly, the appeal is partly allowed to the extent
indicated herein above. The other terms and conditions of the impugned
award including rate of interest shall remain intact.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
