IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 2^nd OF SEPTEMBER, 2022 MISC. APPEAL No. 3864 of 2017 Between:-

ASHOK KUMAR SHRIVASTAVA S/O LATE JANGBAHADUR SHRIVASTAVA, AGED ABOUT 70 YEARS, OCCUPATION: PRESENTLY UNEMPLOYED R/O. FLAT NO. 3, SAGAR COMPLEX KOLAR ROAD BHOPAL (M.P.)

.....APPELLANT (BY SHRI GIRISH KUMAR SHRIVASTAVA, ADVOCATE)

AND

1. SONU NAHRIYA S/O RAMNARAYAN, AGED ABOUT 33 YEARS, R/O. H. NO. 113, A, BLOCK PREM NAGAR NARIYAL KHEDA POLICE STATION GAUTAM NAGAR BHOPAL (M.P.)

(MADHYA PRADESH)

2. SUDHIR KHARE S/O AMARSINGH KHARE, AGED ABOUT 40 YEARS, HOUSE NO 150 OPPOSITE TO LIG 252 KOTRA SULTANABAD PS KAMLA NAGAR (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS)

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

ORDER

This appeal is filed by the claimants being aggrieved of award dated th

28.10.2017 passed by the VII Additional Motor Vehicle Claims Tribunal, Bhopal.

Signature Not Verified SAN It is submitted that firstly there is a totaling mistake in the award and, secondly, Tribunal has awarded meager or no amount under the head of transport, attendant, nutritious diet, mental and physical agony, future treatment, physiotherapy etc..

Perusal of the award it is evident that accident took place on 08.10.2015 when claimant while travelling from his office to residence had met with an accident near MLB College when a Van bearing registration No.MP 04 MA 2111 had hit the claimant from behind, as a result there was fractures in five ribs, fracture in the bone of the shoulder besides other injuries sustained by him on head, face, elbow etc., he was taken to Siddhant Hospital Chola Road from where he was referred to National Hospital where he remained admitted from 8.10.2018 to 18.10.2015. He was working on the post of ARI in I-con Consultancy Company and was drawing salary of Rs.25,000/- (Rupees Twenty Five Thousand Only) per month. On account of accident, he could not attend his office for a period of three months and, therefore, appropriate amount should have been awarded under the head of loss of salary also.

Though as per office report, respondents are served but nobody is appearing for the respondents. Accordingly, they are proceeded ex-parte. Looking to the nature of the injuries and evidence which has come on record, a sum of Rs.10,000/- (Rupees Ten Thousand Only) under the head of pain and suffering is inadequate, it is enhanced to Rs.50,000/- (Rupees Fifty Thousand Only) thus there will be addition of Rs.40,000/- under the head of pain and suffering. No amounts have been awarded under the head of future treatment and physiotherapy. A sum of Rs.20,000/- (Rupees Twenty Thousand Only) is awarded under the head of future treatment and physiotherapy. No amount is awarded under the loss of salary. It has come on record that claimant Signature Not Verified SAN remained hospitalized for a period of 11 days and could not attend his office for a period of two months, therefore, a sum of Rs.50,000/- (Rupees Fifty Thousand Only) under the head of loss of income is allowed thus there will be addition of Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) over and above the amount awarded by the learned Claims Tribunal.

Accordingly, this appeal is disposed of. Additional amount will carry the same rate of interest i.e. 6% per annum from the date of filing of the claim petition till the actual payment. Other terms and conditions of the award shall remain intact.

LCR be sent back. (VIVEK AGARWAL)

JUDGE Tabish Signature Not Verified SAN