Madhya Pradesh High Court
Jitendra Kumar vs Kulwant Singh @ Talwant Singh on 2 September, 2025
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2025:MPHC-GWL:20192
1 MA-1008-2014
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 2 nd OF SEPTEMBER, 2025
MISC. APPEAL No. 1008 of 2014
JITENDRA KUMAR
Versus
KULWANT SINGH @ TALWANT SINGH AND OTHERS
Appearance:
Shri Brij Kishore Kushwah - Advocate for the appellant.
Shri Arvind Kumar Agrawal- Advocate for respondent No.2.
ORDER
This appeal by the appellants/claimants u/S. 173 (1) of the Motor Vehicles Act, 1988 is arising out of the award dated 30.07.2014 passed by MACT, District- Morena (M.P.) (in short "Claims Tribunal") in Claim Case No.88 of 2013 on account of inadequacy of compensation and seeking enhancement of compensation.
2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Claims Tribunal in this regard are not in question.
3. As per findings of the Claims Tribunal, in the case injury sustained by claimant in the alleged motor accident, an amount of compensation to the tune of Rs.1,15,000/- has been awarded by the Claims Tribunal with interest from filing of claim petition till its realization.
4 . Learned counsel for the appellants submits that Claims Tribunal has committed grave error in awarding the amount. He further submits that Claims Tribunal has awarded the compensation is on lower side, hence, it is prayed that compensation amount be enhanced and just and reasonable amount of compensation Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-Sep-25 07:05:00 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:20192 2 MA-1008-2014 may be awarded.
5. On the other hand, learned counsel for the insurance company contended that the amount awarded by the Claims Tribunal is just and proper and needs no enhancement. He supported the findings recorded by the Claims Tribunal and prays for dismissal of the appeal.
6. 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 injuries sustained by claimant in the alleged accident, it would be appropriate to enhance to lump sum amount of Rs.2,50,000/-.
7. Accordingly, present appeal is allowed in part to the extent indicated herein above. The amount of compensation is enhanced to lump sum amount of Rs.2,50,000/- in the present appeal. The appellant is entitled to receive Rs.2,50,000/- in addition to the amount already awarded by the Claims Tribunal. The enhanced amount shall carry interest as awarded by the Claims Tribunal from the date of the filing of the claim petition till its realization. All other findings recorded by the Claims Tribunal shall remain intact.
8. The present appeal stands disposed of.
(HIRDESH) JUDGE *AVI* Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-Sep-25 07:05:00 PM