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Madhya Pradesh High Court · body

2005 DIGILAW 225 (MP)

Rami v. Rahul Trading and Finance Pvt. Ltd.

2005-02-11

A.K.AWASTHY

body2005
Judgment ( 1. ) APPELLANT Rami has filed M. A. No. 933 of 2000, appellant Chesta has filed M. A. No. 932 of 2000 and appellant Satyadeo has filed M. A. No. 931 of 2000, for enhancement of the Award dated 28-4- 2000 in Claim Case No. 119 of 96, 127 of 96 and 130 of 96, respectively arising of the same incident, passed by learned Second MACT, Shajapur, wherein compensation of Rs. 27,000/- is provided in Claim Case No. 119 of 96, compensation of Rs. 5500/-is provided in Claim Case No. 130 of 96 and compensation of Rs. 4500/- is provided in Claim Case No. 127 of 96. ( 2. ) THE claim of the claimants is that on 21 -1 -91 when claimants and the deceased Ku. Pooja Sharma were travelling in a Mini Bus W. P. No. 09-B-3962 from Indore to Ramganj Mandi, the bus turned turtle on account of the rash and negligent driving by the driver and in the accident Ku. Pooja Sharma, aged 12 years, who was studying in 7th Class has died. The claimants and Chesta have also received injuries. The bus was owned by respondent No. 1 and insured with respondent No. 3. The claimants have prayed for compensation from the respondents. ( 3. ) M. A. No. 933 of 2000 (Claim Case No. 119 of 96): The claimants are the parents of Ku. Pooja Sharma, aged 12 years. She was studying in 7th class. The learned Tribunal has awarded the amount of Rs. 27,000/- only. The claimants have prayed that it should be increased by Rs. 23,000/- and total amount of Rs. 50,000/- as compensation be provided to the claimants. Looking to the age and qualification of the deceased the prayer is just and proper and as such the compensation is enhanced by Rs. 23,000/ -. ( 4. ) M. A. No. 932 of 2000 (Claim Case No. 127 of 96) : Claimant Chesta, aged about 15 years, has received simple injury. It is alleged that she had incurred the medical expenditure of Rs. 1000/- on her treatment. The claimant has not filed any bill for the purchase of medicines. She has also not examined the doctor. From the report Ex. P-2 it is clear that the claimant has received a single injury on the right side of her leg which was mere swelling. 1000/- on her treatment. The claimant has not filed any bill for the purchase of medicines. She has also not examined the doctor. From the report Ex. P-2 it is clear that the claimant has received a single injury on the right side of her leg which was mere swelling. Compensation for a single injury which was a mere swelling, of Rs. 4500/- is just and proper and calls for no interference. ( 5. ) M. A. No. 931 of 2000 (Claim Case No. 130 of 96) : Claimant Satyadeo was aged 40 years and he has received a fracture on the right scapule bone. Claimant was Priest by profession. Satyadeo (P. W. 1) has not filed the bills to prove the expenditure of his treatment. The claimant has filed Ex. P-4, which is a certificate given by Dr. Motiwala about the expenses of Rs. 1000/in his treatment. The doctor who treated the claimant is also not examined. The report of disability is not filed by the claimant. The claimant has received only one simple fracture. In view of the single fracture of the claimant and the loss of his earning, the pain and suffering, the total pecuniary and non-pecuniary compensation of Rs. 10,000/- is awarded. The amount is enhanced by Rs. 4500/ -. ( 6. ) CONSEQUENTLY M. A. No. 931 of 2000 is allowed and the amount is enhanced by Rs. 4500/ -. The total amount of compensation provided to the appellant-claimant will be Rs. 10,000/ -. The claimant shall get interest on the enhanced amount of Rs. 4500/- at the rate of 6% per annum from the date of presentation of the petition. ( 7. ) M. A. No. 932 of 2000 is without merit and is hereby dismissed. ( 8. ) M. A. No. 933 of 2000 is allowed and the compensation is enhanced to the extent of Rs. 23,000/ -. The total amount of Award will be Rs. 50,000/ -. The claimants are entitled for interest on the enhanced amount of Rs. 23,000/- at the rate of 10% per annum from the date of presentation of the petition. ( 9. ) THE appeals stand disposed of as above. A copy of this order be retained in the file of W. P. No. 932 of 2000 and W. P. 931 of 2000.