IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI ON THE 23^rd OF FEBRUARY, 2026 MISC. APPEAL No. 3595 of 2010 BHERULAL Versus CHAGANLAL AND 2 ORS. AND OTHERS Appearance:

Shri R.N. Dave and Shri Hemant Kumar Vaishnav - Advocate for the appellant.

Shri Pradeep Gupta - Advocate for the respondent No. 3.

ORDER This Miscellaneous Appeal has been filed under Section 173(1) of Motor Vehicle Act, 1988 against the impugned award dated 11.08.2010 passed in Claim Case No. 230/2010 whereby appellant/injured has been awarded Rs.35,524/- along with an interest @ 6% from the date of filing of claim petition i.e. 18.04.2009.

02. Learned counsel for the appellant submits that learned Claims Tribunal has committed an error in considering that driver of the offending vehicle was not having valid and effective driving licence as per category of the vehicle i.e. Motorcycle whereas he was having driving licence of HMV, but the insurance company which should have been given direction to pay and recover has been exonerated by the learned Claims Tribunal which is bad in law. For this, he has placed reliance on Oriental Insurance Company vs. Zaharulnisha & Ors. AIR 2008 SC 2218 and National Insurance Company vs. Swaran Singh 2004 ACJ Page 1 to bolster his submission. He further submits that the amount awarded is on lower side and in the head of pain and suffering, special diet, loss of wages and transportation, proper amount should have been awarded, hence he prays for enhancement of the award amount.

03. Learned counsel for the insurance company has opposed the prayer on the ground that just and proper compensation has been awarded by the learned Claims Tribunal and needs no interference, hence prays for dismissal of the appeal.

Heard and considered the submissions raised by learned counsel for the parties and perused the record.

04. As held by the Apex Court in the case of Oriental Insurance Company vs. Zaharulnisha & Ors. AIR 2008 SC 2218 and National Insurance Company vs. Swaran Singh 2004 ACJ Page 1, it has been held that in case of valid and effective driving licence or was having a different type of licence, then principle of 'pay and recover' will be applicable. The learned Claims Tribunal has failed in exonerating the Insurance Company, hence that finding is set aside and it is directed that Insurance Company will pay first awarded amount and then it recover from the owner and driver.

05. As far as enhancement of the award amount is concerned, if appropriate amount as per following bifurcation is to be given, it will be just and proper compensation. Accordingly, the just and proper compensation comes as under:-

For injury Rs.30,000/-

Medical Expenses Rs.5,524/- Pain & suffering Rs.5,000/- Special diet Rs.5,000/- Attendant Expenses Rs.5,000/- Transportation Rs.5,000/- Loss of wages Rs.5,000/-

Total amount Rs.60,524/- MACT award Rs.35,524/- Enhanced amount Rs.25,000/-

06. Thus, the just and proper amount of compensation in the instant case is Rs.60,524/- as against the award of the Tribunal of Rs.35,524/-. Accordingly, the appellant is entitled to an enhanced amount of Rs.25,000/- over and above the amount which has been awarded by the Tribunal. It is directed that the insurance company will pay the awarded amount first and then the same will be recovered from the owner and driver by the Insurance Company.

07. The appellant will pay the requisite Court fees within a period of 30 days from today (if not already paid) and only thereafter enhanced amount will be disbursed. It is made clear, in case the court fees is not paid within the stipulated period, the appellant will not be entitled for claiming interest on the enhanced amount beyond 30 days' period till the payment of court fee.

08. Accordingly, the appeal is partly allowed to the extent indicated herein above. The other terms and conditions of the impugned award including rate of interest shall remain intact.

(BINOD KUMAR DWIVEDI)

JUDGE soumya