[Cites 2, Cited by 0]
Madhya Pradesh High Court
Ismail Patel S/O Peerbaksh Mo Patel ... vs Usman on 10 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:6313
1 MA-1556-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 10th OF MARCH, 2026
MISC. APPEAL No. 1556 of 2025
ISMAIL PATEL S/O PEERBAKSH MO PATEL THROUGH LRS
RUKSHANA AND OTHERS
Versus
USMAN AND OTHERS
Appearance:
Ms. Priya Dubey - Advocate appearing on behalf of Mr. Sachin
Parmar - Advocate for appellants.
Mr. Manoj Jain - Advocate for respondent No.2 / Insurance Company.
ORDER
This Miscellaneous Appeal has been preferred under Section 173(1) of
the Motor Vehicles Act, 1988 against the impugned award dated 06/03/2021
passed by Member, III Motor Accident Claims Tribunal, Dr. Ambedkar
Nagar, Indore (M.P.) in MACC No.19/2016, whereby survivors of the
deceased Ismile Patel have been awarded an amount of Rs.1,29,600/- with
interest @ 7% per annum.
2. Claimants' case is that that deceased suffered injuries in a road
traffic accident occurred on 30/11/2014 caused by motorcycle bearing
registration number MP-09-QB-2786 riding rashly and negligently, due to
which deceased has suffered grievous injuries and ultimately passed away
after near about 02 years of the accident.
3. Learned counsel for the appellants submits that no other intervening
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circumstances are there, whereby it could have been inferred that death of
the deceased was not due to the injuries suffered by him in the aforesaid
accident, but due to some other circumstances. This contention has not been
appreciated by the learned Claims Tribunal in right perspective, therefore,
the aforesaid contention has been rejected and only amount in the head of
Loss of Estate is awarded. The death of the deceased was due to the injuries
suffered by him in the accident, therefore, on that basis the award of
compensation be assessed. The amount awarded by the learned Claims
Tribunal in not in accordance with law.
4. To buttress her submissions, learned counsel has relied upon the
judgment by the Full Bench of the Apex Court in the case of Smt. Bhagwati
Bai and Another Vs. Bablu @ Mukund and Others reported in 2007 ACJ
682 and submits that even meager amount has been awarded in the head of
Loss of Estate, therefore, prays for enhancing the same. On these
contentions, learned counsel prays for allowing the appeal by enhancing the
award amount.
5 . Per contra, learned counsel for the respondent No.2 / Insurance
Company submits that there is no evidence on record to prove that the death
of the deceased was due to the injuries suffered by him in the aforesaid road
traffic accident. No Postmortem Report is there and there is nothing on
record to connect the death of the deceased with the injuries suffered by him
in the accident, therefore, learned Claims Tribunal has rightly discarded the
aforesaid contentions and awarded amount only in the head of Loss of Estate
along with medical expenditure, which is just and proper, therefore, appeal
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deserves to be dismissed and no interference is required by way of this
appeal.
6. Heard and considered the rival submissions raised at bar by learned
counsel for the parties and perused the record.
7. In the case of Smt. Bhagwati Bai (Supra), it has been specifically
held that apart from the medical expenditure and loss of estate, in the other
heads also appropriate amount should have been awarded as compensation.
From perusal of the evidence part of the record, it is apparent that there is
nothing on record to connect the death of the deceased with the injuries
suffered by him in the road traffic accident, therefore, this Court is of the
considered view that the learned Claims Tribunal has not committed any
error in recording the finding that death of the deceased could not be proved
that it is a death due to the injuries suffered by him in the accident.
8. In such circumstances, as per the judgment by Full Bench in the
case of Smt. Bhagwati Bai (Supra), this Court is of the view that apart from
the amount, which has already been awarded by the learned Claims Tribunal,
if a lump sum amount of Rs.25,000/- is awarded over the same will sub serve
the ends of justice.
9. Therefore, without going into the nicety of the computation of the
amount, the amount is enhanced and appellants / claimants are entitled to an
additional lump sum amount of Rs.25,000/- (Rupees Twenty Five Thousand
Only) over and above the amount, which has been awarded by the Claims
Tribunal.
10. Resultantly, the appeal filed by the appellants is allowed to the
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extent as indicated hereinabove. The other terms and conditions of the
impugned award including the interest part shall remain intact.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
