IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH nd ON THE 2 OF FEBRUARY, 2024 MISC. APPEAL No. 1350 of 2020 BETWEEN:-

REKHA KHARE @ KHAIRWAR D/O SHRI RAMKARAN KHARE @ KHAIRWAR DIVORCY W/O MUKESH, AGED ABOUT 30 YEARS, OCCUPATION: TAILOR R/O GRAM KOTLAKHEDI, TEHSIL DOLARIA, DISTRICT HOSHANGABAD, M.P. CURRENT ADDRESS GWALTOLI HOSHANGABAD, TEHSIL AND DISTRICT HOSHANGABAD (MADHYA PRADESH)

....APPELLANT BY SHRI S.K.SHARMA - ADVOCATE )

AND

1. BRIJESH YADAV S/O SHRI SHANKAR YADAV, AGED ABOUT 51 YEARS, R/O 100- SHAKARKUNJ, AFTER MUSAKHEDI, BENGALI SQUARE, INDORE, M.P. (MADHYA PRADESH)

2. BHIMSINGH S/O SHRI DEVISINGH GURJAR, AGED ABOUT 36 YEARS, R/O GRAM KALODA, -B THANA KANNOD (MADHYA PRADESH)

3. NEW INDIA INSURANCE COMPANY LIMITED THR. ITS BRANCH MANAGER BRANCH OFFICE ITARSI, DISTT-HOSHANGABAD (MADHYA PRADESH)

.....RESPONDENTS (BY MS. DISHA ROHITAS - ADVOCATE FOR RESPONDENT NO.3)

This appeal coming on for admission this day, the court passed the following:

ORDER

This appeal under Section 173(1) of Motor Vehicles Act, 1988 have been preferred feeling aggrieved by the award dated 27-11-2019 in MACC No.

Signature Not Verified Signed by: PARMESHWAR

257/18 passed by 2nd Additional Member Motor Accident Claims Tribunal Hoshangabad for enhancement of Rs. 1 lac.

2. Facts in brief are that the appellant filed a claim under Section 166 of Motor Vehicles Act, 1988 for compensation of Rs. 28, 74,000/- with 12% interest per annum from the date of application i.e. 24-11-2018 regarding personal injuries that were said to be caused in an accident dated 12-09-2018 by negligent driving of Bus No. MP-09-FA-6241 owned by respondent No.1- Brajesh Yadav and insured by the respondent No.3-The New India Insurance Company Limited.

3. Assertion have been made that the injured was 23 years old at the time of accident and earning was Rs. 9,000/- per month from embroidery work.

4. The respondents contested the claim. The Tribunal framed issued and recorded the evidence of appellant as (PW-1) and H.G.Kalyani (PW-2) and admitted Ex. P/1 to Ex. P/49 on behalf of the appellant. No evidence was adduced on behalf of the respondents

5. Appreciating the evidence the learned Tribunal found proved that the appellant/applicant sustained injuries in an accident due to negligent driving of Vehicle No. MP-09-FA-6241 by the respondent No. 2 on 12-09-2018 at Indore-Harda Main Road near Maljihpur. Bus was owned by respondent No.1 and insured by respondent No.3 and appellant sustained 25% permanent physical disability and at that time the appellant was aged 24 years. The tribunal assessed the income of the victim as Rs. 4,000/- per month and awarded a total compensation of Rs. 5,51,360/- in the following heads.

(a) Permanent Physical disability Rs. 1,72,800/-

(b) Medical expenses Rs. 2,64,060/-

Signature Not Verified Signed by: PARMESHWAR (c) Transport expenses Rs. 24,500/- (d) Special diet Rs. 20,000/- (e) Attendant expenses Rs. 10,000/- (f) Expenses of future treatment Rs. 50,000/- (g) Loss of earning capacity Rs. 10,000/- -------------------------------------------------------------------------

Total Rs. 5,51,360/-

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5. Feeling dissatisfied by this award, this appeal has been preferred on the ground that the future treatment expenses have not been awarded properly. Loss of future income has not been awarded properly and annual income of the claimant has been added on the lower side.

6. Heard.

7. Learned counsel for respondent No. 3/New India Insurance Company Limited opposed the prayer and submitted that no ground for interference is made out.

8. Perused the record.

9. The tribunal ought to have assessed the income of the appellant payable to unskilled labourer and on the date of accident the income was Rs. 7325/-. So, the appellant is entitled for enhancement of Rs. 1 lac compensation in the head of loss of future income alone.

11. Accordingly, this appeal is allowed and the compensation of