IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH th ON THE 18 OF MARCH, 2024 MISC. APPEAL No. 2128 of 2021 BETWEEN:-

SHIVLAL S/O SAHAB LAL YADUVANSHI, AGED ABOUT 38 YEARS, R/O BODURH, TEHSIL AAMLA DISTT BETUL (MADHYA PRADESH)

.....APPELLANT (BY MS. DEVIKA THAKUR - ADVOCATE)

AND

1. RAJENDRA ALIAS GUDDU S/O SAHADEV DAVANDE, AGED ABOUT 44 YEARS

2. SURENDRA S/O SAHADEV DEVANDE OCCUPATION: NOT MENTION BOTH RESIDENTS OF WARD NO. 7, NEAR GAYATRI MANDIR, GOVIND COLONY, AAMLA, DIST. BETUL (MADHYA PRADESH)

3. BRANCH MANAGER, THE NEW INDIA INSURANCE CO. LTD. , BRANCH OFFICE, GURUDWARA ROAD, BAITULGANJ, DIST. BETUL (MADHYA PRADESH)

.....RESPONDENTS (BY MS. ANJALI BANERJEE - ADVOCATE FOR RESPONDENT NO.3 AND NONE FOR RESPONDENTS NO. 1 AND 2, DESPITE SERVICE)

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

ORDER

Challenge has been made to the award dated 5.2.2021 passed IN MCC Signature Not Verified No. 79/20 by the learned Third Additional Motor Accident Claims Tribunal, Aamla, Betul whereby by assessing 20% disability, the Tribunal has awarded a compensation of Rs. 1,61,889/-.

Heard on admission.

Admit.

With consent of learned counsel for parties, matter is finally heard and is decided as below.

Argument of the learned counsel for the appellant is that she has filed this appeal for enhancement of compensation by Rs.2,00,000/- on the ground that without assigning any proper reasoning in para 18 of the award disability of 40% has been assessed as 20% on erroneous logic that the doctor has stated that 40% disability is for backbone and he has not assessed it for whole body, therefore, her sole ground of appeal is that compensation needs to be enhanced.

It is submitted that Court fees of Rs.5,000/- has been paid.

Perused the record.

Learned counsel for Insurance Company supports the award. This Court is not at all convinced by the reasoning given by the learned Tribunal and finds that disability of 20% is wrongly assessed. A person who has severe injure in backbone and a medical specialist i.e. a member of Government Medical Board i.e Dr. Rupesh who has given disability certificate Ex. A/43 and has deposed in the Court then reduction of disability to 20% was not justified, this Court is of the view that proper evaluation has to be made so that no claimant gets benefit unnecessarily after filing false document or claim but no person should be denied adequate compensation for the injury as very aptly pointed out by the learned counsel for the Insurance Company. A person who has 20% disability for life will suffer on multiple fronts. Be it by job, family, social activity etc etc.

Signature Not Verified The amount of compensation is always paid by the Insurance Company from the premium it collects from the vehicle owner, whose vehicle it ensures i.e. in a way it is public money but not taking a proper view would result in a situation where the purpose for insurance would fail to an extent. Accordingly, disability of injured be treated as that of 40% as held by the Medical Board and accordingly, compensation amount is enhanced by Rs.1,40,976/ - as per para 26 of the award where on this head 20% disability amount has been given for loss of earning after calculation.

Accordingly, this appeal is partly allowed with an enhancement of Compensation amount by Rs.1,40,976/ -.

C.C. as per rules.

(AVANINDRA KUMAR SINGH)

JUDGE VSG Signature Not Verified