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Madhya Pradesh High Court

Rajkumar Singh vs Pushpa Raj Singh on 4 August, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                        1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 4 th OF AUGUST, 2023
                                             MISC. APPEAL No. 559 of 2014

                         BETWEEN:-
                         1.    RAJKUMAR SINGH S/O SHRI RAJBALI SINGH,
                               AGED ABOUT 42 YEARS, OCCUPATION: SERVICE
                               AND AGRICULTURIST VILLAGE KANKER TAHSIL
                               SIRMOUR P.S. GARH, (MADHYA PRADESH)

                         2.    SMT ASHA SINGH W/O SHRI RAJ KUMAR SINGH,
                               AGED ABOUT 40 YEARS, OCCUPATION: HOUSE
                               WIFE   VILLAGE K A N K E R SIRMOUR POLICE
                               STATION (MADHYA PRADESH)

                                                                                 .....APPELLANTS
                         (BY SHRI KRISHN KUMAR GAUTAM - ADVOCATE)

                         AND
                         1.    PUSHPA RAJ SINGH S/O SHRI LAKHAN SINGH,
                               AGED ABOUT 32 YEARS, OCCUPATION: DRIVERY
                               VILLAGE TIKHAN P.S. BAIKUNTHPUR TAHSIL
                               SIRMOUR REWA, M.P. (MADHYA PRADESH)

                         2.    SATENDRA SINGH S/O RAJENDRA BAHADUR,
                               AGED ABOUT 27 YEARS, OCCUPATION: VECHICLE
                               OWNER VILLAGE TILKHAN P S BAUKUNTPUR
                               (MADHYA PRADESH)

                         3.    NEW INDIA NATIONAL INSURANCE COMPANY
                               OFFICE REWA READ SATNA (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                         (SHRI RAJENDRA KUMAR SINGH - ADVOCATE FOR THE RESPONDENT
                         NO.1 AND 2 AND SHRI TAKMEEL NASIR - ADVOCATE FOR THE
                         RESPONDENT NO.3)

                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                         ORDER

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/5/2023 12:10:58 PM 2 This appeal under Section 173(1) of the Motor Vehicles Act, 1988, is filed by appellants, being aggrieved of award dated 26.10.2013, passed by III Additional Motor Accident Claims Tribunal, Rewa (M.P.), in claim Case No.148/2009, on the ground that both the appellants suffered injuries in an accident, which had taken place on 08.07.2006, at about 5:30 P.M., when respondent No.1-Pushpraj Singh, driving the city ride bus No. MP-17-P/0125, had drove it so rashly, then it overturned causing injuries to the claimants.

2. It is submitted that Smt. Asha Singh, suffered head injury with blunt injury of face and fracture of mandible as is evident from Ex.P/9. Shri remained admitted in the hospital for a period of about 8 to 9 days.

3. Similarly, Raj Kumar Singh, suffered trauma due to turn over of bus bearing registration No. MP-17-P/0125, and due to trauma suffered pain and inconvenience. Discharge ticket of Smt. Asha Singh is available on record as Ex.P/33.

4. Taking these facts into consideration, that only Rs.10,000/- has been awarded under the head of pain and suffering to Smt. Asha Singh. This amount is enhanced to Rs.25,000/-. Thus, there will be addition of Rs.15,000/- under the head of pain and suffering. Tribunal has awarded only a sum of Rs.1,000/- under the head of special diet and another sum of Rs.1,000/- under the head of attendant, which are respectively enhanced to Rs.6,000/- under each of the heads @ Rs.2,000/- per month for a period of three months. Thus, there will be addition of Rs.5,000/- under the head of attendant and Rs.5,000/- under the head of nutritious diet. Tribunal has awarded only a sum of Rs.5,00/- under the head of transport, which is enhanced to Rs.2,000/-, looking to the prolonged treatment for admission in the hospital for 9 days. Thus, there will be addition Signature Not Verified of Rs.1500/- under this head.

5. Tribunal has awarded only a sum of Rs.1109/- under the head of treatment, whereas, fact of the matter is that no amount is awarded under the head of loss of earning capacity. Therefore, a sum of Rs.6,000/- is awarded under the head of loss of earning capacity for the period of fracture in the mandible @ Rs.2,000/- per month. No amount is awarded under the head of future treatment, for which another sum of Rs.2,000/- to Asha Singh. Thus, total addition in favour of Smt. Asha Singh, will come out to Rs.34,500/- (Rupees Thirty Four Thousand Five Hundred).

6. Similarly, Tribunal has awarded only a sum of Rs.6754/- in favour of Rajkumar. It has awarded a sum of Rs.5,000/- under the head of pain and suffering, which is enhanced to Rs.15,000/-. Thus, there will be addition of Rs.10,000/- under the head of pain and suffering. Only a sum of Rs.500/- is awarded under the head of attendant and nutritious diet, which is enhanced to Rs.2,000/- each. Thus, there will be addition of Rs.3,000/- cumulatively, under both the heads.

7. Thus, total enhancement will come out to Rs.47,500/- (Rupees Forty Seven Thousand and Five Hundred), in favour of the claimants, which will be jointly and severally payable by the respondents No. 1, 2 and 3, which will carry interest @ 7% per annum from the date of filing of the Claim Petition, till the date of actual payment. Other terms and conditions of the award shall remain intact.

8. In above terms, appeal is disposed of.

9. Record of Claims Tribunal be sent back (VIVEK AGARWAL) Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/5/2023 12:10:58 PM 4 JUDGE A.Praj.