Virendra Singh vs. Mahesh Prasad

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE

HON'BLE SHRI JUSTICE VIVEK AGARWAL

ON THE 3 rd OF SEPTEMBER, 2022

MISC. APPEAL No. 472 of 2020

Between:-

VIRENDRA SINGH S/O LATE SHRI JANGI SINGH BUNDELA, AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE NAKTARA, POST OFFICE PODI, POLICE STATION AND TAH. MAIHAR, DISTT. SATNA (M.P.) (MADHYA PRADESH)

.....PETITIONER

(BY SHRI ARUBENDRA SINGH PARIHAR, ADVOCATE)

AND

• 1. MAHESH PRASAD S/O SHRI LALMAN RAWAR, AGED ABOUT 26 YEARS, R/O VILLAGE KHAJUAKALA, POLICE STATION GADH, DISTT. REWA (M.P.) (MADHYA PRADESH)
• 2. SMT. VIDHYA MISHRA W/O SHRI NAGESHWAR PRASAD MISHRA VILLAGE BANTAR P.S GADH (MADHYA PRADESH)
• 3. / NEW INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE REWA ROAD SATNA (MADHYA PRADESH)

.....RESPONDENTS

(BY RESPONDENT NO.3 SHRI PRADEEP BATRA, ADVOCATE)

This appeal coming on for hearing this day, th e court passed the

following:

ORDER

Appellant/claimant has filed this miscellaneous appeal being aggrieved of

award dated 9.9.2019 passed by learned 1st Additional Motor Accident Claims

Tribunal Maihar, District Satna in C.T.No.117/2017 Filing

2

No.MACC/20000263/2017 awarding a sum of Rs.1,17,308/- as compensation.

Learned counsel for the appellant submits that on 17.10.2016 at about 12:30 in the night, the claimant was travelling in Bolero Jeep bearing registration No.MP-16C-7947 from Village Naktara to Bhaisasur At Reliance Turning of National Highway No.7, the driver parked the offending Bolero Jeep by the side of the road and left the Bolero Jeep to answer the call of the nature. When the claimant was sitting in the said Bolero Jeep, a Truck bearing registration No.MP-17C-4948 came from the side of Reliance Cement Company and hit the Bolero Jeep as a result of which, the Bolero Jeep sustained damages and the claimant sustained injuries in his head, face, hands and legs. The Claims Tribunal has awarded a meager sum of Rs.1,17,308 with the following breakup:-

Rs.10,000/- for Pain & Suf ering Rs.85,408/- for Medical Bills Rs.7500/- for Attendant Rs.3000/- for Special Diet Rs.11,400/- for Loss of Wages

The Claims Tribunal observed that there are no documents to show that the claimant had sustained fracture in chest or any other part of the body though he had produced X-ray and C.T.Scan of head and other prescriptions of treatment alongwith bills. There is no certificate of permanent disability but the fact of the matter is that the claimant, who was an agriculturist, had to remain away from his work for a period of three months on account of the injuries received in the accident and in relation to the treatment, which was required to be taken by him.

Taking all these facts into consideration, this Court is of the opinion that a sum of Rs7,500/- under the head of attendant can be revised to Rs.9,000/- at the rate of 3,000/- per month for a period of three moths. Thus, there will be an addition of Rs.1,500/- under the head of attendant. Similarly, under the head of Special Diet, a sum of Rs.9,000/- can be awarded in place of Rs.3,000/- at the rate of Rs.3,000/- per month for a period of three months. Thus, there will be an addition of Rs.6,000/- under the head of Special Diet. The accident took place on 17.10.2016 when the minimum wages even for an unskilled labourer were to the tune of Rs.6950/- per month and, therefore, for the loss of wages for a period of three months, the claimant will be entitled to a sum of Rs.20,850/- in place of Rs.11,400/-. Thus, there will be an addition of Rs.9,450/- under the head of loss of wages. The Claims Tribunal has already awarded adequate amount under the head of pain and suffering so also the medical bills. Thus, there will be an addition of Rs.16,950/- (Rupees Sixteen Thousand Nine Hundred & Fifty Only) to which the claimant will be entitled in addition to the amount already awarded by the Claims Tribunal. The additional amount of Rs.16,950/- (Rupees Sixteen Thousand Nine Hundred & Fifty Only) shall carry interest @ 7.50% per annum from the date of filing of the claim application i.e.2.8.2017 till the date of actual payment.

In above terms, this miscellaneous appeal is disposed of.

Let record of the Claims Tribunal be immediately sent back.

(VIVEK AGARWAL) JUDGE

amit