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1992 DIGILAW 699 (MP)

Vinod Kumar v. Cantonment Board

1992-11-04

P.P.NAOLEKAR

body1992
JUDGMENT The appellant/claimant filed a petition for grant of compensation of Rs.80,295/- against the respondents, jointly and severally, on the allegation that on 19.5.1982 the appellant was on his Luna URQ 5641 when he met with an accident on the road going from Sagar to Gorakhpur in the city of Jabalpur, with the water tanker of the Cantonment Board CPK 8995 and as a result of the accident he was hospital-ised from 19.5.1982 to 27.9.1982. The compensation was claimed for loss of business on account of the appellant's inability to carry out his job as efficiently as he was doing previously, towards medical expenses, . mental pain and agony, loss of expectancy of life and for the amount spent in the repair of his Luna and for loss of trouser. The Claims Tribunal, after consideration of the evidence of the parties, has come to the conclusion that the driver of the vehicle owned by the Cantonment Board Hafiz-ullah was negligent and the accident occurred on account of his rash and negligent driving. A compensation of Rs.10.295/- in all was awarded by the Claims Tribunal against all the respondents, including the Oriental Fire and General Insurance Company, being the insurer. It is argued by the learned counsel for the appellant that the compensation awarded for pain and suffering is too meagre, i.e. Rs.3,000/- only, by the claims Tribunal. The claimant has examined Dr. S.L. Mukherji (P.W.5) who has stated that on account of the accident the appellant was examined by him on 19.5.1982 and he found that there was a compound fracture of left legand fracture of Fibula; a plaster was adminis tered and on examination of the leg of the appellant on 9.7.1982, the leg was re-plastered for another 1 1/2 months. Thus, the appellant was under medical treatment for around four months and he was prescribed exercises by the doctor. For grant of compensation for pain and suffering, it is not only the pain and suffering at the time of the accident or when the person is under medical treatment has to be looked into, but the pain which will be suffered by him throughout his life on account of the accident has also be taken into account while granting compensation. The grant of Rs.3,000/- only for the pain, and agony suffered by the appellant and which he will be suffering for years to come, is not just and proper. Looking to the age of the appellant and the injuries suffered by him, enhancement of the compensation of Rs.4,000/- for pain and suffering will meet the ends of justice. Accordingly, the award of the Claims Tribunal is modified and it is enhanced by Rs.4,000/-. The appellant shall be entitled to a compensation of Rs.14,295/with interest at the rate of 9 per cent per annum from the date of application till realisation jointly and severally from the respondents. The respondents shall pay the costs of the appellant.