Madhya Pradesh High Court
Shri Krishan Shrivastava vs Avdesh Puri on 8 January, 2026
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:792
1 MA-1544-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 8 th OF JANUARY, 2026
MISC. APPEAL No. 1544 of 2010
M.P.SADAK PARIVAHAN NIGAM
Versus
SHRIKRISHAN SHRIVASTAVA AND OTHERS
Appearance:
Shri Arvind Kumar Agrawal - Advocate for the appellant.
None for the respondents.
WITH
MISC. APPEAL No. 1788 of 2010
SHRI KRISHAN SHRIVASTAVA
Versus
AVDESH PURI AND OTHERS
Appearance:
Shri Sandeep Nirankari- Advocate for the appellant.
Shri A.K. Agrawal- Advocate for respondent No.4.
ORDER
These two Miscellaneous Appeals, namely MA No.1544/2010 and MA No.1788/2010, arise out of the common Award dated 10.08.2010 passed by the Fourth Additional Judge to the Court of First Additional Member, Motor Accident Claims Tribunal, Gwalior (M.P.) in Claim Case No.53/2010.
2. MA No.1544/2010 has been preferred by the MP State Road Transport Corporation under Section 173(1) of the Motor Vehicles Act, 1988, challenging the finding of contributory negligence fastened upon the driver of the bus.
3. MA No.1788/2010 has been preferred by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, assailing the same award on the ground of Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 09-Jan-26 05:14:42 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:792 2 MA-1544-2010 inadequacy of compensation and seeking enhancement thereof.
4.Since both the appeals arise out of the same award and involve common questions of fact and law, they were heard together and are being disposed of by this common judgment.
5. The brief facts of the case are that on 11.07.2006 at about 7:00 p.m., the claimant was travelling from Karera to Shivpuri M.A. Hospital in a bus bearing registration No. MP-07-F-1283, owned by the Madhya Pradesh State Road Transport Corporation. When the bus reached Surwaya village near Kulshrestha Hotel, a dumper bearing registration No. MP-07-G-4408, coming from Shivpuri side and being driven rashly and negligently, collided head-on with the bus. As a result of the accident, the claimant sustained injuries on his elbow, toe and other parts of the body. In connection with the accident, FIR was registered at Police Station Surwaya and Police Station Rural Shivpuri for offences under Sections 279, 337 and 338 of the Indian Penal Code. A charge-sheet was filed. Thereafter, the claimant filed a claim petition before the Claims Tribunal seeking compensation. The respondents filed their written statements denying the allegations.
6. After appreciating the oral and documentary evidence, the Claims Tribunal recorded a finding that the accident occurred due to contributory negligence, attributing 30 per cent negligence to the driver of the bus and 70 per cent negligence to the driver of the dumper, and awarded compensation accordingly.
Contentions of the Appellant-Claimant in (MA No.1788/2010):-
7. Learned counsel for the claimant submitted that the Claims Tribunal committed an error in awarding compensation on the lower side. It was contended that the claimant suffered permanent disability due to the accident, remained under continuous medical treatment for a considerable period, underwent two to three Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 09-Jan-26 05:14:42 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:792 3 MA-1544-2010 surgical operations and incurred medical expenses of more than Rs.1,00,000/-. On these grounds, enhancement of compensation was sought.
Contentions of the Appellant - MP State Road Transport Corporation in (MA No.1544/2010)
8. Learned counsel for the MP State Road Transport Corporation contended that the Claims Tribunal erred in holding the driver of the bus negligent to the extent of 30 per cent. According to him, the accident occurred solely due to rash and negligent driving of the dumper, and therefore fastening contributory negligence on the bus driver was unjustified. Hence, setting aside the impugned award to that extent was prayed for.
Per contra, counsel for the respondent No.4 opposed the prayer and prayed for rejection of the MA No.1788/2010.
9. Heard learned counsel for the parties and perused the record of the Claims Tribunal.
Findings and Conclusion of this Court In MA No.1544/2010
10. On perusal of the impugned award, criminal record, spot map Ex.P-175 and the evidence available on record, it is clear that the accident was a head-on collision. The Claims Tribunal has properly appreciated the evidence and, in paragraph 10 of the award, has rightly assessed 30 per cent negligence on the part of the driver of the bus and 70 per cent negligence on the part of the driver of the dumper.
11. This Court finds no illegality or perversity in the said finding. Therefore, no interference is warranted. Accordingly, MA No.1544/2010 is dismissed.
In MA No.1788/2010 Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 09-Jan-26 05:14:42 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:792 4 MA-1544-2010
12. After hearing learned counsel for the parties and perusal of the record as well as looking to the facts and circumstances of the case, more particularly the nature of injuries sustained by the claimant, prolonged treatment and surgical procedures undergone by him in the alleged accident, it would be appropriate to enhance the compensation by a lump sum amount of Rs.1,00,000/-
13. Accordingly, MA No.1788/2010 is allowed in part to the extent indicated herein above. The amount of compensation is enhanced to lump sum amount of Rs.1,00,000/- (Rupees One Lac) in MA No.1788/2010. The claimant is entitled to receive Rs.1,00,000/- in addition to the amount already awarded by the Claims Tribunal. The enhanced amount shall carry interest as awarded by the Claims Tribunal. All other findings recorded by the Claims Tribunal shall remain intact.
14. Let a copy of this order be kept in connected MA No.1788/2010.
(HIRDESH) JUDGE *AVI* Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 09-Jan-26 05:14:42 PM