Smt. Bharti Gupta vs Jandel Singh Yadav

NEUTRAL CITATION NO. 2026:MPHC-GWL:34003
1 MA-9193-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
th
ON THE 4 OF NOVEMBER, 2026
MISC. APPEAL No. 9193 of 2025
CNR No.: MPHC030296142025
SMT. BHARTI GUPTA
Versus
JANDEL SINGH YADAV AND OTHERS
Appearance:
Shri Gyan Singh Yadav - Advocate for the appellant/claimant.
None for respondents No.1 & 2, though served.
Shri B.K.Agrawal - Advocate for respondent No.3/Insurance
Company.
ORDER
Heard on I.A. No.8702/2025, an application under Section 5 of the
Limitation Act, 1963, filed on behalf of the appellant/claimant seeking
condonation of delay of 110 days in filing the present appeal.
2. Learned counsel for the appellant submits that the appellant is a
poor person and is not conversant with the technicalities of law. After some
time and upon consultation with her legal counsel, she preferred the present
appeal. It is further submitted that the appeal has been filed bona fide and the
litigation is in the nature of welfare litigation. Accordingly, a prayer is made
for condonation of delay in the interest of justice.
3. Having considered the reasons assigned in the application and in the
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 11/6/2026
12:47:48 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:34003
2 MA-9193-2025
absence of any written objection on behalf of the other side, I.A.

No.8702/2025 is allowed and the delay of 110 days in filing the present
appeal is hereby condoned.
4. With the consent of learned counsel for the parties, the matter is
heard finally.
5. The instant miscellaneous appeal under Section 173(1) of the Motor
Vehicles Act, 1988, has been preferred by the appellant/claimant challenging
the award dated 25.04.2025 passed by the 12th Additional Motor Accident
Claims Tribunal, Gwalior (hereinafter referred to as 'the Claims Tribunal') in
Motor Accident Claim Case No.1307/2023, whereby a total compensation of
Rs.15,000/- has been awarded to the appellant/claimant for the injuries
sustained by her in a motor accident dated 21.02.2023.
6. The accident, negligence and liability are not in dispute. The present
appeal is confined only to the adequacy of compensation awarded by the
Claims Tribunal; hence, there is no necessity to reproduce the facts of the
case in detail.
7. Shri Yadav, learned counsel appearing for the appellant/claimant,
submits that the compensation of Rs.15,000/- awarded by the Claims
Tribunal is grossly inadequate and does not constitute just and reasonable
compensation. It is contended that the Claims Tribunal has failed to properly
appreciate the medical evidence available on record, particularly Ex.P8
(MLC), which indicates that the appellant also sustained an injury to her
tooth, resulting in its removal. It is further submitted that the appellant
sustained injuries on different parts of her body, including her legs and jaw,
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 11/6/2026
12:47:48 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:34003
3 MA-9193-2025
and also suffered a fracture, for which she had to undergo medical treatment.

The compensation awarded towards pain and suffering, special diet and other
incidental expenses is also stated to be inadequate. Accordingly,
enhancement of compensation is prayed for.
8. On the other hand, learned counsel appearing for respondent
No.3/Insurance Company supports the impugned award and submits that the
compensation awarded by the Claims Tribunal is just and proper and does
not warrant any interference.
9. Heard learned counsel for the parties and perused the record.
10. The accident in question occurred on 21.02.2023, when the
appellant fell from bus bearing registration No.MP 06 P 0517 while getting
down therefrom. The medical evidence, particularly Ex.P8 (MLC), indicates
that the appellant also sustained an injury to her tooth. Considering the nature
of injuries, medical evidence and pain and suffering undergone by the
appellant, this Court finds that the compensation of Rs.15,000/- awarded by
the Claims Tribunal is inadequate.
11. Accordingly, considering the overall facts and circumstances of the
case, this Court deems it appropriate to enhance the total compensation to
Rs.50,000/-, inclusive of the amount already awarded by the Claims
Tribunal. Thus, the appellant shall be entitled to an enhanced amount of
Rs.35,000/- over and above the compensation already awarded.
12. Consequently, the appeal is partly allowed. The impugned award
dated 25.04.2025 passed by the Claims Tribunal is modified to the extent that
the appellant/claimant shall be entitled to a total compensation of Rs.50,000/-
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 11/6/2026
12:47:48 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:34003
4 MA-9193-2025
, inclusive of the amount already awarded. The enhanced amount of

Rs.35,000/- shall carry interest at the rate of 6% per annum from the date of
filing of the claim petition till its realization. All other terms and conditions
of the impugned award shall remain unaltered.
13. With the aforesaid modification, the present miscellaneous appeal
stands disposed of.
14. All pending application(s), if any, shall stand closed.
15. Let a copy of this order along with the record be transmitted to the
concerned Claims Tribunal for information and necessary compliance.
(AMIT SETH)
JUDGE
Adnan

Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 11/6/2026
12:47:48 PM