01Facts
The appellant challenged the award dated 25 April 2025 of the 12th Additional Motor Accident Claims Tribunal, Gwalior, which granted her ₹15,000 for injuries sustained in a bus accident on 21 February 2023.
¶ 5–6The accident, negligence and liability were undisputed; the appeal concerned the adequacy of compensation.
¶ 5–6The appellant sought condonation of a 110-day delay in filing the appeal, submitting that she was poor and unfamiliar with legal procedure.
¶ 1–2She argued that the Tribunal had not adequately considered her injuries, including a tooth injury recorded in the MLC, and the pain and incidental expenses she suffered.
¶ 702Issues
i.1. Whether the 110-day delay in filing the appeal should be condoned under Section 5 of the Limitation Act, 1963.
¶ 1–3ii.2. Whether the Tribunal’s award of ₹15,000 was inadequate and required enhancement.
¶ 5–7, 1003Law Applied
Section 5 of the Limitation Act, 1963 permits condonation of delay where sufficient cause is shown.
¶ 1Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of a Claims Tribunal.
¶ 5The Court assessed whether the compensation awarded was adequate in light of the injuries, medical evidence and pain and suffering; it cited no precedent or more specific compensation formula.
¶ 10–11Provisions in the judgment · 2 · Linked ones open on LawLens
Limitation Act, 1963 Section 5
Motor Vehicles Act, 1988 Section 173
04Reasoning
The Court accepted the explanation for delay and, noting the absence of a written objection from the other side, condoned the 110-day delay.
¶ 3On compensation, it considered the MLC evidence of a tooth injury, the nature of the injuries and the appellant’s pain and suffering.
¶ 10–11It found the Tribunal’s ₹15,000 award inadequate and considered ₹50,000 an appropriate total award in the circumstances.
¶ 10–1105Holding
The Court allowed the delay-condonation application and partly allowed the appeal.
¶ 3, 11–13It modified the award to grant total compensation of ₹50,000, inclusive of the ₹15,000 already awarded.
¶ 11–13The enhanced amount of ₹35,000 carries interest at 6% per annum from the date of filing of the claim petition until realization; all other terms of the award remain unchanged.
¶ 11–13Original Court PDF
Smt. Bharti GuptavsJandel Singh Yadav
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