Madhya Pradesh High Court
Bholaprasad vs National Insurance Company Ltd. on 24 August, 2024
NEUTRAL CITATION NO. 2024:MPHC-IND:24614
1 MA-1094-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 24th OF AUGUST, 2024
MISC. APPEAL No. 1094 of 2017
BHOLAPRASAD
Versus
NATIONAL INSURANCE COMPANY LTD. AND OTHERS
Appearance:
Shri Arun Kumar Tripathi - Advocate for the applicant.
Shri Bhashkar Agrawal - Advocate for the respondent No.1.
ORDER
01. This Misc. Appeal under Section 173(1) of Motor Vehicles Act is preferred challenging the award dated 12.04.2017 in Claim Case No. 238/2013 passed by 15th Additional Member, District Indore for enhancement of Rupees three lacs compensation.
02. Liability is not disputed and necessary facts for disposal of this appeal are that applicant/claimant was working as Teacher (UDT) in Government Girls Higher Secondary School, Nagda, District Ujjain. At the time of accident i.e on 15.11.2012 Tribunal assessed the permanent physical disability 16% and the age of the petitioner 56 years and awarded a total compensation of Rs. 3,64,673/-. Towards Medical Expenses Rs. 1,87,961/-, towards future Medical Expenses Rs, 5000/-, towards Transportation, attendant, nutritious diet and economic loss Rs.10,000/-, Physical and mental pain suffering Rs. 10,000/-, Compensation for leave of four months Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 30-08-2024 10:53:49 NEUTRAL CITATION NO. 2024:MPHC-IND:24614 2 MA-1094-2017 availed during treatment Rs. 1,31,712/- and towards loss of expectancy of life mental and physical suffering due to grievous injury is Rs. 20,000/-.
03. The award was mad payable @7% interest from the date of application i.e 19.02.2013.
04. The appeal has been preferred on the ground that compensation awarded for future treatment is meagre. The amount in the head of actual expenses has not been awarded. The permanent physical disability ought to have been assessed 33% instead of 16%. No amount has been awarded in the head of permanent physical disability. The other heads have not been adequately compensated.
05. Counsel for the respondent No.1, Insurance Company opposed the prayer submitting that all the heads have been adequately compensated. He was Government servant and after the incident he was promoted. No pecuniary loss has been incurred to the petitioner. Even now the salary has been increased on being promoted.
06. Heard learned counsel for the parties and perused the record.
07. Learned counsel for the appellant placed reliance on the judgment passed in Pravat Chandra Maity Vs. Oriental Insurance Company Ltd., and others reported in 2008 ACJ 53. The relevant Paragraph-14 is reproduced as under :-
"14...................No doubt, any kind of permanent disability, more particularly in this case, the permanent disability to the extent of 84 per cent, undoubtedly would reduce the capability of discharging his job and/or function in the same manner and ability as he had before he became permanently disabled. He may not get promotion in future and also will not be able to seek any better employment anywhere else if he so Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 30-08-2024 10:53:49 NEUTRAL CITATION NO. 2024:MPHC-IND:24614 3 MA-1094-2017 desires. He will also not be able to engage himself in any other gainful employment if for any reason he is not retained in his service by his employer in future because of his permanent disability. These imponderables cannot be ignored altogether. "
0 8 . Paragraph-3 of Mangilal Daggi (PW-4) discloses that applicant Bhola Prasad has been promoted after accident and he suffered no pecuniary loss in his salary. It has been fairly admitted during the arguments that Bhola Prasad has been retired after attaining the age of superannuation. Accordingly, on the strength of Pravat Chandra Maity (supra) the appellant/claimant is not entitled in the head of loss of future income and Tribunal has recorded the cogent reasons considering the nature of job and security of job of the petitioner.
0 9 . Tribunal has recorded cogent reasons in Paragraph-20 of the award regarding the assessment of 16% permanent physical disability on the strength of Exhibit-P-111 on re-appreciation of evidence of Dr Kush Bandi (PW-3). It is found that the reported disability was related to the movement of left leg and right leg of Bhola Prasad. Tribunal assessed the 16% permanent physical disability considering the whole body. This finding does not require any interference.
1 0 . Tribunal has awarded only Rs. 10,000/- in the head of transportation, attendant, nutritious diet and economic loss. Considering the phase of treatment and duration of treatment as mentioned in Paragraph-4 of the statement of Bhola Prasad (PW-1) Rs. 20,000/- is further enhanced in the head of transportation, attendant, nutritious diet and economic loss.
11. In the head of physical and mental pain and suffering also only Rs.
Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 30-08-2024 10:53:49NEUTRAL CITATION NO. 2024:MPHC-IND:24614 4 MA-1094-2017 10,000/- has been awarded. Considering the nature of injuries, Rs. 20,000/- is further enhanced in the head of physical and mental pain and suffering.
1 2 . Rupees 20,000/- has been awarded in the head of loss of expectancy of life, mental and physical suffering due to grievous injury, mental and physical suffering have been compensated in the head of physical and mental pain and suffering, but loss of amenities have not been taken into consideration. Accordingly, in the head of loss of expectancy of life along with loss of amenities Rs.60,000/- is further enhanced. No material has been brought on record that even upto this stage that Bhola Prasad incurred medical expenses that was more than Rs. 5000/-. Accordingly, in the head of future medical expenses, no amount is enhanced.
13. With the aforesaid, this misc. appeal is partly allowed and total compensation of Rs. 1,00,000/- is further enhanced with interest at the rate of 7% per annum from the date of application ie 19.02.2013. The enhanced amount be satisfied and distributed as per para 47 of the award of Tribunal.
14. Accordingly, this misc appeal is disposed of. Pending I.As if any, shall stand closed.
(GAJENDRA SINGH) JUDGE rashmi Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 30-08-2024 10:53:49