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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Kamal Aanjna – Appellant
Versus
Nirbhay Singh – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
1. The appellant-claimant has filed this appeal under Section 173 (1) of the Motor Vehicles Act, 1988 being aggrieved by award dated 31.07.2014 passed in MACC No.35/2012 by Tenth Additional Member of Motor Accident Claims Tribunal, Ujjain, District Ujjain whereby a total compensation amount of Rs.74,230/- has been awarded in favour of the claimant.
2. The present appeal is filed seeking enhancement in compensation amount up to Rs.8,00,000/-.
3. In short, the facts of the case are that on 02.05.2012, the appellant who happens to be a mason, was returning back to his village Halukhedi from Ujjain along with his friend Dilip Anjana at that time, respondent no.1 was was driving the Mahindra Pick-up vehicle MP-42-G-0350 of respondent no.2 rashly and negligently, dashed down the appellant due which he suffered fracture of femur bone in the right leg, fracture in nasal bone, fracture in right ankle, fracture in radius bone and head injury causing permanent disability.
4. The Tribunal while awarding the amount of compensation has considered the entire evidence placed on record and after recording evidence Tribunal awarded a total compensation of Rs.74,230/- in
The court established that contributory negligence was incorrectly assessed at 50% and modified it to 25%, leading to an increase in the compensation amount awarded to the claimant.
The finding of contributory negligence must be substantiated by credible evidence; without which it cannot be deemed valid.
The court clarified the erroneous attribution of contributory negligence and enhanced the compensation awarded to the appellant.
The court emphasized the necessity of accounting for future earning capacity and permanent disability when determining compensation in personal injury cases.
The court rules on enhancement of compensation and remands for a fresh determination of contributory negligence.
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