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Madhya Pradesh High Court · body

2016 DIGILAW 188 (MP)

Karan Singh v. Mitthu Singh

2016-03-03

S.R.WAGHMARE

body2016
ORDER 1. Heard on I.A. No.672/2016, which is an application for taking additional documents on record. 2. The application is not opposed by the counsel for the respondent No.3/Insurance Co. 3. In view of the above, the application I.A. No.672/2016 is hereby allowed and the documents are taken on record. Copy of the documents has already been handed over to the Counsel for the respondent No.3/Insurance Co. 4. This appeal is taken up for final disposal on consent. 5. This is the claimant's appeal filed under section 173(1) of the Motor Vehicles Act against award dated 5.1.2008 passed by Second Member, Motor Accident Claims Tribunal, Ratlam, District Ratlam in Claim Case No.8/2006 awarding a sum of Rs.2,50,000/- with 6% interest to the appellant. Counsel for the appellant urged that the amount awarded is on the lower side and needs to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act and hence the present appeal. 6. In view of the short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was responsible for causing injury, liability etc. are decided in favour of appellant by the Tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross appeal or cross objection, these findings have become final. 7. This is a case of injury suffered by claimant – Karan Singh aged 19 years, student and was earning by doing part time work to help in his further studies. On 1.5.2005 @ 12.00 p.m., when the appellant Karan Singh accompanied by his friend Tarun was driving the bicycle, was hit by the truck No.HR38-K-1042 which was driven by the respondent No.1 negligently and rashly due to which the appellant sustained injuries on his left leg and other parts of the body. Appellant filed complaint at police station-Station Road Ratlam which was registered at crime No.576/2005. The Tribunal on appreciating the evidence adduced by the appellant/claimant awarded a total compensation of Rs. 2,50,000/- with 6% interest to the appellant. The award being on lower side the appellant/claimant has approached this Court and hence the present appeal. 8. Appellant filed complaint at police station-Station Road Ratlam which was registered at crime No.576/2005. The Tribunal on appreciating the evidence adduced by the appellant/claimant awarded a total compensation of Rs. 2,50,000/- with 6% interest to the appellant. The award being on lower side the appellant/claimant has approached this Court and hence the present appeal. 8. Counsel for the appellant submitted that the appellant /claimant was undergoing treatment during the pendency of the claim petition and hence prayed that the amount awarded being on the lower side be enhanced by further Rs.50,000/-. 9. Per Contra, Counsel for the respondent opposed the submission put forth by the Counsel for the appellant stating that all the amounts have been duly awarded by the trial Court appropriately in the various heads, however he submitted that he has no objection if the amount awarded may be enhanced by Rs.40,000/- regarding the medical bills filed before this Court which have not been considered by the Tribunal and Rs.10,000/- towards enhancement in lump sum compensation. 10. On considering the above submissions and the nature of the injuries sustained by the claimant and the expenditure incurred in receiving medical treatment and the amount awarded by the trial Court, I find that it would be proper to enhance the lump sum compensation by Rs.50,000/- i.e. from Rs.2,50,000/- to Rs.3,00,000/- with 6% interest to the appellant from the date of the application by way of compensation for the injuries sustained by him. 11. Thus, since there is no static formula provided for determining the compensation and hence the amount is enhanced as indicated above since the compensation awarded must be just reasonable and proper looking to the facts and circumstances of each case and taking into account the law laid down by the Supreme Court in these types of cases. 12. In view of the above, the appeal succeeds and is allowed in part. The impugned award is modified to the extent indicated above. The enhanced sum will carry interest at the rate of 6% per annum from the date of the application till realization. All other findings are upheld being not under challenge. 13. Counsel fees Rs.3,000/-, if certified.