Mohd. Naieem Khan vs Mahoob Khan

Court
Madhya Pradesh High Court

NEUTRAL CITATION NO. 2026:MPHC-JBP:88031
1 MA-689-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE PRADEEP MITTAL
th
ON THE 29 OF OCTOBER, 2026
MISC. APPEAL No. 689 of 2013
CNR No.: MPHC010082532013
MOHD. NAIEEM KHAN
Versus
MAHOOB KHAN AND OTHERS
Appearance:
Ms. Priyanka Tiwari - Advocate for applicant.
Shri Deepchand Gupta - Advocate for respondent.
ORDER
Heard on I.A. No. 27581/2024, an application under Section 5 of the
Limitation Act for condonation of delay of 14 days in filing the appeal. The
application is supported by an affidavit. The appellant has stated that he was
suffering from viral fever and, immediately after recovering, contacted his
counsel for filing the appeal. Having regard to the explanation furnished in
the application, the delay of 14 days in filing the appeal is found to be
satisfactorily explained. Accordingly, I.A. No. 27581/2024 is allowed and
the delay is condoned.
2. Heard on I.A. No. 27582/2024, an application under Order VI
Rule 17 of the Code of Civil Procedure for amendment of the valuation of
the appeal and for taking the requisite court fee on record. The appellant
seeks permission to amend the valuation of the appeal from Rs.14,20,000/- to
Signature Not Verified
Signed by: PRAVEEN
Signing time:
11/2/2026 7:19:34 PM

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Rs.1,50,000/-. It is stated in the application that, owing to financial

constraints, the appellant desires to restrict the claim in appeal. The appellant
has deposited court fee of Rs.3,750/- at the rate of 2.5% on the amended
valuation, vide receipt dated 22.12.2024. In the circumstances, the
application is allowed. The valuation of the appeal shall stand amended from
Rs.14,20,000/- to Rs.1,50,000/-, and the court fee of Rs.3,750/- deposited by
the appellant is taken on record. The Registry shall carry out the necessary
amendment in the record.
3. This appeal under Section 173(1) of the Motor Vehicles Act,
1988, has been preferred by the appellant/claimant against the award dated
01.11.2012 passed by the 8th Additional Motor Accident Claims Tribunal,
Bhopal, in M.C.C. No.662/2009, whereby compensation of Rs.2,30,000/-
along with interest at the rate of 6% per annum from 16.03.2009 has been
awarded in favour of the appellant.
4. The facts giving rise to the present appeal, in brief, are that on
16.01.2009, the appellant was travelling in truck bearing registration No.
MP-08-D-1158. The said vehicle turned turtle, as a result of which the
appellant sustained grievous injuries, particularly in both knees and toes. The
appellant, therefore, filed a claim petition under Section 166 of the Motor
Vehicles Act, 1988, seeking compensation. The learned Claims Tribunal,
after appreciating the evidence available on record, awarded a total
compensation of Rs.2,30,000/- with interest at the rate of 6% per annum
from 16.03.2009. Being dissatisfied with the quantum of compensation, the
appellant has preferred the present appeal seeking enhancement.
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Signing time:
11/2/2026 7:19:34 PM

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5. Learned counsel for the appellant submits that the compensation

awarded by the learned Claims Tribunal is inadequate and does not
adequately compensate the appellant for the grievous injuries sustained by
him. It is contended that the appellant suffered injuries in both knees and toes
and remained hospitalized on two occasions. It is further submitted that the
amount awarded towards pain and suffering is insufficient, having regard to
the nature of injuries and the treatment undergone by the appellant.
Accordingly, enhancement of compensation has been sought.
6. I have considered the submissions advanced on behalf of the
appellant and have perused the record.
7. On a perusal of the impugned award, it is apparent that the learned
Claims Tribunal has assessed the income of the appellant and the loss of
income on the basis of the material available on record. The learned Claims
Tribunal has also considered the evidence relating to the injuries and has
assessed the permanent disability of the appellant at 25%. On an overall
consideration of the evidence available on record, we do not find any
sufficient reason to interfere with the assessment made by the learned Claims
Tribunal in respect of the income, loss of income, permanent disability or the
other components of compensation. The findings recorded by the learned
Claims Tribunal in that regard are, therefore, affirmed.
8. However, having regard to the nature of injuries sustained by the
appellant, particularly the grievous injuries in both knees and toes, and the
fact that he had to undergo hospitalization on two occasions, we are of the
view that the amount awarded towards pain and suffering is on the lower
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Signing time:
11/2/2026 7:19:34 PM

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side. The physical pain and mental agony suffered by the appellant on

account of such injuries deserve to be adequately compensated. In the facts
and circumstances of the case, an additional amount of Rs.60,000/- under the
head of pain and suffering would meet the ends of justice.
9. Consequently, the appellant shall be entitled to an additional
compensation of Rs.60,000/-. The compensation awarded by the learned
Claims Tribunal, i.e., Rs.2,30,000/-, is accordingly enhanced to
Rs.2,90,000/-. The findings of the learned Claims Tribunal in respect of the
remaining heads of compensation are maintained.
10. So far as the interest on the enhanced amount is concerned,
ordinarily, interest on enhanced compensation is awarded from the date of
filing of the claim petition. However, the present appeal was instituted in the
year 2013, whereas the requisite court fee on the amended valuation of the
appeal was deposited by the appellant only on 22.12.2024. The appellant had
initially valued the claim in appeal at Rs.14,20,000/- and had paid only
Rs.30/- as court fee. Thereafter, the appellant himself sought amendment of
the valuation on the ground of financial constraints and deposited the
requisite court fee on the amended valuation only on 22.12.2024. In the
peculiar facts and circumstances of the present case, and to the extent the
delay in complying with the requirement of payment of requisite court fee is
attributable to the appellant, he cannot claim the benefit of interest for the
period prior to deposit of the requisite court fee on the enhanced claim.
Accordingly, the additional compensation of Rs.60,000/- shall carry interest
at the rate of 6% per annum from 22.12.2024, i.e., the date of deposit of the
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Signing time:
11/2/2026 7:19:34 PM

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requisite court fee, till its actual realization.

11. It is clarified that the interest awarded by the learned Claims
Tribunal on the original compensation of Rs.2,30,000/- at the rate of 6% per
annum from 16.03.2009 shall remain undisturbed. The aforesaid direction
regarding the date of commencement of interest shall apply only to the
enhanced amount of Rs.60,000/-.
12. The liability of the respondents to satisfy the award shall remain
as determined by the learned Claims Tribunal. All other findings and
directions contained in the impugned award, which are not modified by this
judgment, shall remain intact.
13. Accordingly, the appeal is partly allowed to the extent indicated
above. The impugned award stands modified accordingly.
14. A copy of this judgment along with the record be transmitted to
the learned Claims Tribunal for information and necessary compliance.
15. Pending interlocutory applications, if any, shall stand disposed
of.
(PRADEEP MITTAL)
JUDGE
Praveen

Signature Not Verified
Signed by: PRAVEEN
Signing time:
11/2/2026 7:19:34 PM