IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

ON THE 8th OF FEBRUARY, 2024 MISC. APPEAL No.2157 OF 2023 BETWEEN:-

1. BETI BAI W/O LATE JAGDISH YADAV, AGED ABOUT 50 YEARS, R/O VILLAGE GOOGAD JHUKEHI, AT PRESENT R/O DIKARWARA JAGDISH PAL’S HOUSE, TAHSIL KATNI, DISTRICT KATNI (MADHYA PRADESH)

2. LALITA BAI YADAV D/O LATE JAGDISH YADAV, W/O PRAKASH KUMAR YADAV, AGED ABOUT 27 YEARS, R/O VILLAGE GOOGAD JHUKEHI, AT PRESENT R/O DIKARWARA JAGDISH PAL’S HOUSE, TAHSIL KATNI, DISTRICT KATNI (MADHYA PRADESH)

3. BABY BAI YADAV D/O LATE JAGDISH YADAV, W/O KANJILAL AGED ABOUT 28 YEARS, R/O VILLAGE GOOGAD JHUKEHI, AT PRESENT R/O DIKARWARA JAGDISH PAL’S HOUSE, TAHSIL KATNI, DISTRICT KATNI (MADHYA PRADESH)

4. SAHESH PRASAD YADAV S/O KARPALI PRASAD YADAV, AGED ABOUT 26 YEARS, R/O VILLAGE GOOGAD JHUKEHI, AT PRESENT R/O DIKARWARA JAGDISH PAL’S HOUSE, TAHSIL KATNI, DISTRICT KATNI (MADHYA PRADESH)

5. CHUNNU YADAV S/O KARPALI YADAV, AGED ABOUT 30 YEARS, R/O VILLAGE GOOGAD JHUKEHI, Signature Not Verified Signed by: SANTOSH AT PRESENT R/O DIKARWARA JAGDISH PAL’S HOUSE, TAHSIL KATNI, DISTRICT KATNI (MADHYA PRADESH)

.....APPELLANTS (BY SHRI KAPIL PATWARDHAN- ADVOCATE )

AND

1. RAMA SHANKAR SEN S/O RAM PRATAP SEN, AGED ABOUT 42 YEARS, R/O GRAM PATHRI P.S.

VAIUNTHPUR, DISTRICT REWA (MADHYA PRADESH)

2. RAJESH PRATAP SINGH BAGHEL S/O UDAYBHAN SINGH BAGHEL, R/O WARD NO.6, VANSHGHAT, REWA (MADHYA PRADESH)

3. THE ORIENTAL INSURANCE COMPANY LIMITED THROUGH BRANCH MANAGER, BRANCH OFFICE SANT NAGAR, NEW BASTI, KATNI, DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENTS (SHRI YOGESH COURASIYA – ADVOCATE FOR RESPONDENT NOS. 1 AND 2)

(SHRI YASH KOSHAL – ADVOCATE FOR RESPONDENT NO.3)

……………………………………………………………………………………….

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

O R D E R

Heard on IA No. 5518/2023, which is an application filed under Section 5 of Limitation Act for condonation of delay of 168 days in filing of the present appeal.

Learned counsel for respondents opposed the application.

Signature Not Verified Signed by: SANTOSH Considering the averments mentioned in the application, which is supported by affidavit, same is allowed and delay of 168 days in filing of the appeal is hereby condoned.

Accordingly, IA No. 5518/2023 stands allowed.

Heard on admission.

Admit.

With the consent of learned counsel for the appellants, heard final arguments.

This is an appeal filed by the appellants/claimants under Section

173(1) of the Motor Vehicles Act, 1988 against the award dated 23/07/2022 passed by Fourth Additional Motor Accident Claims Tribunal, Katni (M.P.) in MACC No.74/2021. By the impugned award, the learned Claims Tribunal awarded a total sum of Rs.5,78,200/- (Five Lakhs Seventy Eight Thousand Two Hundred) with interest @ 7% per annum to the appellants/claimants for the death of Jagdish Yadav aged about 52 years, who died in motor vehicle accident. According to claimants i.e. appellants herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, needs to be enhanced.

2. Since, this Appeal is for the enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned Claims Tribunal on facts and evidence adduced, is made out and if so to what extent?

3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason Signature Not Verified Signed by: SANTOSH that firstly all these findings are recorded in favour of appellants/claimants by the Tribunal. Secondly, the findings though recorded in favour of claimants are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of filing an appeal or cross-objection. In this view of the matter, there is no justifica