Madhya Pradesh High Court
Salim Khan Physically Challanged ... vs Ajahar on 26 September, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 26th OF SEPTEMBER, 2023
MISC. APPEAL No. 5927 of 2019
BETWEEN:-
SALIM KHAN PHYSICALLY CHALLANGED
THROUGH U/G MOTHER SAMMA W/O SAMMI @
SHAMMI KHAN, AGED ABOUT 27 YEARS,
OCCUPATION: TRANSPORT 48, CHANDAN
NAGAR, INDORE/ 104/2, GONAPURA, MOHNA
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI VIJAY SINGH CHOUHAN, ADVOCATE)
AND
AJAHAR S/O MEHMUD PATHAN OCCUPATION:
1. VYAPAR 35/5, NAYI ABADI, DEWS (MADHYA
PRADESH)
MANAGER NATIONAL INSURANCE COMPANY
2. MAHATMA GANDHI MARG, APPOLO TOWER
,INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRADIP KUMAR GUPTA ALONG WITH SHRI ANKIT PATIDAR,
ADVOCATE FOR RESPONDENT NO.2/INSURANCE COMPANY)
This appeal coming on for admission/orders this day, the court passed
the following:
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2023
17:12:05
2
JUDGEMENT
1] Heard finally with the consent of the parties.
2] This appeal has been preferred by the appellant/claimant under Section 173 of Motor Vehicles Act, 1988 against the award dated 16/05/2019, passed in Claim Case No.629/2016 by 12th Additional Member, Motor Accident Claims Tribunal, Indore (M.P.) seeking enhancement of the compensation amount of Rs.15,12,444/- awarded by the Tribunal on account of the injuries suffered by him. 3] In brief, the facts of the case are that appellant Salim Khan, aged 27 years, met with an accident on 02/12/2015, at around 2:30, when he was going in his truck bearing registration No.MP 07 G-4721from Ujjain to Gwalior, at that time, near Kali Sindh river, A.B. road, Sarangpur the tyre of his truck got punctured and hence, the appellant came down and was standing near tyre, at that time, a motorcycle bearing registration No.MP- 41 ML-5877 driven rashly and negligently by respondent No.1, dashed the appellant from behind, as a result of which, grievous injuries were suffered by him on all over his body and due to which, he suffered paralysis of left side of the body. Because of the said injuries suffered by the appellant, the appellant filed the aforesaid claim case wherein, the learned Claims Tribunal, after recording the evidence, awarded Rs.15,12,444/- in favour of the appellant/claimant, and being aggrieved by the inadequacy of the same, the present appeal has been preferred. 4] Counsel for the appellant has submitted that the award passed by the Claims Tribunal is on lower side and needs to be enhanced appropriately, as the learned Claims Tribunal has totally ignored the future loss of Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 30-09-2023 17:12:05 3 income, and future prospects have also not been considered, and under other heads also, the award is on lower side considering the fact that the appellant has suffered 100% disability.
5] Counsel for the respondent No.2/insurance company, on the other hand has opposed the prayer and it is submitted that the award is just and proper and no interference is called for.
6] Heard learned counsel for the parties and perused the record. 7] On due consideration of submissions, and on perusal of the record, this Court finds force in the submissions as advanced by counsel for the appellant, and is of the opinion that the award appears to be on the lower side, and needs to be enhanced appropriately. It is found that the appellant has proved the disability vide Exhibit P/183 by Dr. Abhay Paliwal (PW/3). It is also found that the appellant's left side was paralysed due to a clot in his brain which fact has also been found to be correct by the Claims Tribunal, however, on perusal of the award, it is found that no amount has been awarded towards the future prospects . It is also found that under the other heads also, the amount is on lower side, considering the fact that the appellant has suffered agony for the lifetime, and requires continuous supervision. In view of the same, this Court is of the considered opinion that the assessment of compensation as compared to the Claims Tribunal can be made in the following manner: -
The assessment made by the Claims Tribunal:-
Permanent disablement 11,52,444
6000 X 12 X 100% (P.D.) X 16
Medical expenses 340444
Transportation 5000
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2023
17:12:05
4
Attendant charges 5000
Special diet 3000
Pain and suffering 3000
Loss of wages during treatment 4000
Total 15,12,444
The assessment made by this Court is as under :-
Permanent disablement 16,12,800 6000 + 2400 (40% future prospects) = 8400 X 12 = 1,00,800 X 16 X 100% (P.D.) Medical expenses 3,40,444 Transportation 10,000 Attendant charges 10,000 Special diet 10,000 Pain and suffering 25,000 Loss of wages during treatment (5 Months) 30,000 Total 20,38,244 Amount awarded by the Tribunal - 15,12,444 Amount to be enhanced 5,25,800 8] In view of the above, the appal stands partly allowed. The compensation as awarded by the Tribunal is accordingly enhanced by a sum of Rs.5,25,800/-. The enhanced amount will bear interest at the same rate as awarded by the Tribunal and will govern by the same conditions as contained in the award of the Tribunal. Since the appeal has been valued at Rs.1,00,000/- only, counsel for the appellant is directed to pay the Court fees on the enhanced amount within a period of one month.
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 30-09-2023 17:12:05