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Madhya Pradesh High Court · body

2019 DIGILAW 740 (MP)

Rekha v. Pappusingh

2019-10-18

ROHIT ARYA

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ORDER 1. This appeal under section 173(1) of Motor Vehicles Act, 1988 has been preferred by the appellant-claimant for enhancement of compensation awarded by 12th Additional Motor Accidents Claims Tribunal, Indore, District- Indore in Claim Case No.433/2016 vide award dated 26.7.2018. 2. Facts relevant and necessary for disposal of this appeal lie in narrow compass: On 5.6.2015 appellant while going to Agrasen Square from Navlakha by her Activa, reached near Netram Optical, the offending vehicle bearing registration No. MP09-KD-5174 driven by respondent No.1 negligently and rashly dashed her from behind, as a result, appellant sustained fracture of left leg and multiple injuries. The appellant has hospitalized from 5.6.2015 to 9.6.2015 and thereafter at different perioid as mentioned in paragraph of the the award. Doctor has issued permanent disability certificate of 25% for whole body. 3. Appellant claims that at the time of incident, he was aged about 45 years and was earning more than Rs. 25,000/- per month by doing job as a Lecturer. 4. The Tribunal has awarded Rs. 5,76,110/- as compensation, break-up of which is as under: Loss of Income Rs. 3,32,037/- Medical bill Rs. 94,073/- Pain and suffering Rs. 50,000/- Special diet Rs. 40,000/- Transportation Rs. 60,000/- Total Rs. 5,76,110/- 5. The appellant has challenged the amount of compensation awarded by the Tribunal on the ground that the compensation awarded is meager and on the lower side and, therefore, the same deserves to be enhanced. 6. Learned counsel for the Insurance Company supported the award as regards quantum of compensation, however the liability of the insurance company is not disputed to the extent indicated by the Tribunal in the impugned award and prayed for dismissal of the appeal. 7. The moot question to be addressed upon in the appeal preferred by the appellant is as to whether the Tribunal was justified in awarding total Rs. 5,76,110/- to the appellant. 8. Having gone through the impugned award, it is apparent that the tribunal has found that the appellant aged about 45 years at the time of accident. The permanent disability of the appellant was not assessed by the tribunal for the multiple injuries suffered by the appellant referred above, in the opinion of this Court, the amount awarded by the Tribunal is on the lower side and needs to be enhanced appropriately. 9. The finding of the Tribunal as regards earning of the appellant is correct. The permanent disability of the appellant was not assessed by the tribunal for the multiple injuries suffered by the appellant referred above, in the opinion of this Court, the amount awarded by the Tribunal is on the lower side and needs to be enhanced appropriately. 9. The finding of the Tribunal as regards earning of the appellant is correct. The appellant has asserted that he was 45 years of age at the time of incident and was earning Rs. 25,000/- per month. 10. After having perused the evidence placed on record and the submissions advanced, in the obtaining facts and circumstances, the permanent disability assessed as 5% for the whole body for injuries referred above, the age of appellant and the fact that the accident occurred on the year 2015 and in the fitness of things and to strike balance between the parties, this Court is of the view that the amount of compensation awarded by the Tribunal deserves to be enhanced as follows: Permanent Disability Rs. 2,10,000/- Loss of Income Rs. 3,32,037/- Medical bill Rs. 94,073/- Pain and suffering Rs. 50,000/- Special diet Rs. 40,000/- Conveyance Rs. 60,000/- Total Rs. 7,86,110/- 11. As such, the the appellant is entitled for Rs. 2,10,000/- (Rupees Two Lakhs Ten Thousand only) over and above the amount of compensation awarded by the Tribunal i.e. from Rs. 5,76,110/- to Rs.7,86,110/- with interest as fixed by the Tribunal which is ordered accordingly to be payable to the appellant as directed by the Tribunal in the same apportionment. The enhanced amount of compensation Rs.2,10,000/- shall be payable to the appellants within 12 weeks from the date of production of a certified copy of this order. Rest of the award impugned passed by the Tribunal shall remain intact. 12. The appellant has paid fixed Court fees. Hence, the appellant is directed to deposit the remaining amount of Court fee (if not already paid) on the enhanced amount in accordance with the statute, within four weeks from today. Thereafter, after verification, the Registry shall issue the certified copy of the order passed today to the appellant. With the aforesaid, appeal stands disposed of. No order as to costs. .................