Madhya Pradesh High Court
The Oriental Insurance Company Limited ... vs Rajesh on 12 March, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:12744
1 MA-72-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 12th OF MARCH, 2025
MISC. APPEAL No. 72 of 2015
THE ORIENTAL INSURANCE COMPANY LIMITED PADAWA
INDORE ROAD KHANDWA
Versus
RAJESH AND OTHERS
Appearance:
Shri S.K. Rao - Senior Advocate with Shri Vinit Pandey, Advocate for the
appellant.
Shri Anil Lala - Advocate for the respondents.
ORDER
1. Record is received. Heard on admission. The appeal is admitted on 08.02.2016 for hearing. With the consent of learned counsel for the parties, appeal is finally heard and disposed of as below.
2. This appeal has been filed by the appellant/Insurance Company for reduction in amount of compensation granted vide award passed by the learned AMACT, Khandwa (for sort Tribunal') in Claim case MVC No.49/2014 (Smt. Sushila Bai and others Vs. Ganesh and others) on 08.10.2014 whereby learned Tribunal, for the injury of Rajesh Kushwaha, who was aged about 38 years at time of motor accident dated 22.12.2012 has awarded compensation of Rs.4,24,698/-.
3. It is submitted by learned counsel for the appellant that an excessive amount has been granted on ground of future prospect, which has been calculated on higher side. Learned appellant's counsel submits that higher Signature Not Verified Signed by: NIRAJ KUMAR CHOUDHARY Signing time: 01-04-2025 19:20:04 NEUTRAL CITATION NO. 2025:MPHC-JBP:12744 2 MA-72-2015 amount has been paid on the basis of wrong calculation, He further submitted that amount of compensation so awarded by tribunal may be suitably reduced.
4. Learned counsel for the respondent submits that awarded compensation by the Tribunal is well justified.
5. Considered the above submissions made by learned counsel for the parties and on perusal of the impugned award, it is trite law that just and proper amount of compensation has to be awarded by the tribunal. Hence, lets correct calculation be again made for which appellant has come to this appeal, which would be as below:-
1 Monthly Income Rs.4,945/- 2 Annual income Rs.59,340/- 3 40 % towards future prospects Rs.83,076/-
( Rs.59,340/- + 40%) 4 Taken Permanent disability of hole body Rs.12,461/-
at 15% (15% of Rs.83,076/- ) 5 15 Multiplier applicable based on age of Rs.1,86,921/-38
(Rs.12,461/-x 15) 6 Medical expenses Rs.17,808/- 7 Pain & Suffering Rs.60,000/- 8 Attendant expenses Rs.25,000/- 9 Special Diet Rs.30,000/-
10 All other head (tranportation) Rs.15,000/- 11 Loss of income Rs.20,900/- 12 Future treatment Rs.70,000/-Signature Not Verified Signed by: NIRAJ KUMAR CHOUDHARY Signing time: 01-04-2025 19:20:04
NEUTRAL CITATION NO. 2025:MPHC-JBP:12744 3 MA-72-2015 Total compensation Rs.4,25,629/-
( Rs.1,86,921/-Sl. No.6 to 12)
6. Thus, the total compensation to which claimants are entitled is Rs.4,25,629/- Since, the Tribunal has already awarded Rs.4,24,698/-, therefore, claimant would be entitled for enhancement of compensation of Rs.931/- (Rs.4,25,629/- - Rs.4,24,698/-).
7. Since, the appellant has brought to this appeal for reduction in the amount of compensation awarded by the learned Tribunal, it is seen that after calculation, the compensation amount instead of reduction it got enhanced in favour of claimants.
8. After hearing learned counsel for both parties, this Court is of considered view that proper compensation has not been awarded by the tribunal, therefore this appeal which has been filed for reduction of compensation of award, on actually making compensation coming up for enhancement of Rs.931/-
9. At this juncture learned counsel for the appellant not pressing this appeal and submits that it may be dismissed as withdrawn.
10. Therefore, this appeal is disposed as withdrawn/not pressed.
(AVANINDRA KUMAR SINGH) JUDGE NRJ Signature Not Verified Signed by: NIRAJ KUMAR CHOUDHARY Signing time: 01-04-2025 19:20:04