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Madhya Pradesh High Court · body

2014 DIGILAW 835 (MP)

Banwari Singh Gurjar v. Magh Singh

2014-07-15

ROHIT ARYA

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JUDGMENT Rohit Arya, J. 1. This appeal by claimant is directed for enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Gwalior in claim Case No. 118/2004 by award dated 16/4/2005. By the aforesaid award, an amount of Rs. 19,500/- has been awarded to the appellant/claimant alongwith 6% interest from the date of filing of claim petition i.e. 5/7/2004 till realization of the amount. 2. This appeal has been filed on the ground that the amount awarded by the Tribunal is meager, as the permanent disability caused to the appellant due to the accident has resulted in precarious financial condition of his family, since he lone was the bread earner in the family. It is submitted that the appellant was a labour, however, due to the injuries sustained by him in the accident, now he is unable to perform any work much less earn for livelihood. 3. The respondent No. 3 does not dispute the fact that the alleged accident had occurred due to the rash and negligent driving of offending vehicle (Bus) No. MP07-F/0122, which was insured with respondent No. 3/company, driven by respondent No. 1, injuries were caused to appellant/claimant and further fact that the vehicle No. M.P.07/2768 (tractor), by which appellant/claimant was coming to Gwalior was insured and there was no breach of any terms and conditions of the insurance policy, however, submits that looking to the facts and circumstances of the case, the amount awarded by the Tribunal is just and proper and no enhancement is called for. 4. There is no dispute between the parties that due to rash and negligent driving of the offending vehicle, it dashed the tractor, on which appellant/claimant was travelling, due to which claimant sustained injuries. The vehicle was fully insured and no condition of the policy is found to have been violated. 5. The moot question to be addressed upon in this appeal is as to whether the Claims Tribunal was justified substantially reducing the claim amount of Rs. 5,35,000/- to Rs. 19,500/-. 6. The vehicle was fully insured and no condition of the policy is found to have been violated. 5. The moot question to be addressed upon in this appeal is as to whether the Claims Tribunal was justified substantially reducing the claim amount of Rs. 5,35,000/- to Rs. 19,500/-. 6. Having gone through the impugned award, it is found that the learned Tribunal has considered all the factors while passing the impugned award, yet looking to the fact that the appellant/claimant was a young man aged 27 years, and his whole family was dependent upon him for livelihood, in the opinion of this Court, the amount awarded by the Tribunal is on lower side, which needs to be enhanced. Therefore, in lump-sum an amount of Rs. 50,000/- (Rs. Fifty Thousands Only) in addition to Rs. 19,500/- (Rs. Nineteen Thousand Five Hundred Only), which has already been awarded by the Tribunal, is hereby awarded. As such, the total amount awarded to the claimants is to the tune of Rs. 69,500/- (Rs. Sixty Nine Thousand Five Hundred Only), which is ordered accordingly to be payable to the claimant as directed by the Tribunal. The amount of Rs. 50,000/- shall be payable to the claimant within four weeks from today, failing which the claimant shall be entitled interest on the aforesaid enhanced amount at the rate of 6% per annum from the date of this order. Rest part of the impugned award passed by the Tribunal shall remain intact. 7. With the aforesaid directions, this appeal stands disposed of.