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Madhya Pradesh High Court · body

2019 DIGILAW 489 (MP)

Prakash v. Jaswant

2019-07-05

VANDANA KASREKAR

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JUDGMENT 1. The appellant has preferred the present appeal under section 173(1) of the Motor Vehicles Act, being aggrieved by judgment dated 12.4.2018 passed by the 1st Additional Member, Motor Accident Claims Tribunal, Dewas District- Dewas in Claim Case No. 3800346/2016. 2. By the aforesaid award, an amount of Rs. 90,800/- has been awarded together with interest from the date of filing of claim petition till date of realization of the amount on account of the injuries sustained by the appellant/claimant in the accident occurred on 11.10.2016 involving the offending vehicle bearing registration M.P.H.R.55-P-6130. 3. It is not necessary to narrate the entire facts in details because the learned Tribunal already recorded the findings in the impugned award. 4. Learned counsel for the appellant submits that the appellant has sustained various injuries in his body and fracture in his left leg and hand. The Tribunal has awarded Rs. 90,800/-, as compensation. 5. Learned counsel for the to the appellant submits that the compensation awarded is on lower side and prays for enhancement of the quantum of award passed by the Tribunal. 6. Learned counsel for the respondent No. 3 submits that, the Tribunal has considered all the relevant material available on the record and correctly awarded compensation and has not committed any irregularity or any error in fixation of compensation, therefore, no interference is warranted. 7. Considering the fact that the appellant has suffered injuries, in the fitness of things and to strike balance between the parties and the fact that the accident has occurred in the year 2016, it is considered apposite to enhance the amount of compensation in lump-sum by Rs. 45,000/-(Rupees Forty Five Thousand only Hence, the compensation amount is enhanced from Rs. 90,000/- (Rupees Ninety Thousand only) to Rs. 1,35,000/- (Rupees One Lac. Thirty Five Thousand only) with interest as fixed by the Tribunal. The enhanced amount of compensation together with interest as determined by the Tribunal, which shall be disbursed by the respondent No. 3/Insurance Company to the appellant within a period of three months from the date of production of certified copy of the order passed today. Rest of the award passed by the Tribunal is kept in tact. 8. With the aforesaid, appeal is partly allowed and disposed of, with no order as to cost.