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Madhya Pradesh High Court

Dalchand vs Ram Narayan on 9 December, 2022

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 9 th OF DECEMBER, 2022
                                                            MISC. APPEAL No. 2273 of 2015

                                        BETWEEN:-
                                        DALCHAND S/O LATE KHUSHAL CHAND PATEL, AGED
                                        ABOUT 51 YEARS, NEAR BIJASEN MANDIR, VALLABH
                                        BHAWAN P.S. MOTI NAGAR TAHSIL AND DISTRICT
                                        SAGAR (MADHYA PRADESH)

                                                                                                     .....APPELLANT
                                        (BY SHRI DILIP SHRIVASTAVA - ADVOCATE)

                                        AND
                                        1.    RAM NARAYAN S/O LATE MOUJILAL SAHU, AGED
                                              ABOUT 39 YEARS, PLOT NO. F/114, INFRONT OF
                                              CANARA BANK BHOPAL ROAD P.S. BAIRASIYA,
                                              DISTRICT BHOPAL (MADHYA PRADESH)

                                        2.    NATIONAL INSURANCE COMPANY LTD. INFRONT
                                              OF ALANKAR CINEMA SAGAR (MADHYA
                                              PRADESH)

                                        3.    SMT. SWETA PATEL W/O VINOD KUMAR H.N 333,
                                              BALLABH NAGAR, P.S MATI NAGAR, TAH. AND
                                              DISTT. SAGAR (MADHYA PRADESH)

                                        4.    UNITED INDIA INSURANCE CO.LTD. 40 CANTT.
                                              SAGAR (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                        (SHRI N.S. RUPRAH - ADVOCATE APPEARS AS AMICUS CURIAE TO
                                        ASSIST THE COURT)

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

Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2022.12.09 18:28:44 IST This appeal is filed by the appellant/claimant being aggrieved of award 2 dated 22.06.2015 passed by learned First Motor Accident Claims Tribunal, Sagar (M.P.), in Claim Case No.139/14.

2. It is submitted by learned counsel for the appellant that accident took place on 27.04.2014. Dr. Kamlesh Verma was examined as Claimant witness No.2. He certified that there was a crush injury to the right hand of the claimant causing compound capitulam head radius and Olecrenon besides nerve injury to medial and radial. He was operated on 17.05.2014 and was discharged vide discharge ticket Ex.P/13. It is submitted that learned Claims Tribunal has awarded only a sum of Rs.2,13,874/- (Rupees Two Lacs, Thirteen Thousand, Eight Hundred and Seventy Four). Out of which, they have made payment of Rs.1,41,874/- (Rupees One Lac, Forty One Thousand, Eight Hundred and Seventy Four) under the head of treatment, whereas, there were bills to the tune of Rs.1,70,000/- (Rupees One Lac, Seventy Thousand), but arbitrarily, some amounts have been deducted. He submitted that learned Claims Tribunal has considered the payment to be as a skilled labourer, but has awarded meager amounts under other heads. Therefore, it is submitted that enhancement be made and appropriate amounts be awarded under different heads.

3. On the date of accident i.e. 27.04.2014, minimum wages for a skilled labourer were to the tune of Rs.6125/- (Rupees Six Thousand, One Hundred and Twenty Five) per month. Therefore, Tribunal has though awarded loss of income for a period of six months to the tune of Rs.27,000/- (Rupees Twenty Seven Thousand) that will in fact comes to Rs.36,750/-. Thus, there will be enhancement under the head of loss of income to the tune of Rs.9,750/- (Rupees Nine Thousand, Seven Hundred and Fifty).

4. Learned Claims Tribunal has not awarded any amount under the head of Digitally signed by ASHWANI PRAJAPATI Date: 2022.12.09 18:28:44 IST future treatment and physio therapy, though it has come in the evidence of Dr. 3 Kamlesh Verma that there was nerve paralysis and the fracture was fixed with rod and screws. Therefore, a sum of Rs.25,000/- (Rupees Twenty Thousand) is awarded under the head of future treatment and physio therapy. Tribunal has awarded a sum of Rs.45,000/- (Rupees Forty Five Thousand) under the head of pain, attendant, conveyance and nutritious diet which does not call for any interference, but has not awarded any amount under the head of fracture. Therefore, a sum of Rs.25,000/- is awarded under the head of future treatment. Thus, there will be enhancement to the tune of Rs.59,750/- (Rupees Fifty Nine Thousand, Seven Hundred and Fifty) to which claimant will be entitled in addition to the amounts awarded by learned Claims Tribunal. This additional amount will earn interest @ 6% from the date of filing of Claim Petition till the date of actual payment. Other terms and conditions shall remain intact.

5. In above terms, this appeal is disposed of.

6. Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE A.Praj.