Suman Sharma v. Divisional Manager, M. P. S. R. T. C.
1994-01-17
GULAB C.GUPTA, M.V.TAMASKAR
body1994
DigiLaw.ai
JUDGMENT This appeal is filed under section 110D of the Motor Vehicles Act, 1939 against the award passed by the Claims Tribunal, Jabalpur in Motor Vehicle Case No. 21/81 decided on 21.10.83 awarding an amount of Rs. 9,760/- with interest @ 6% to the assailant. The appellant was traveler in a bus which belongs to respondent no. 1. On 17.11.79 the bus was bound for Amarkantaka from Jabalpur At about 10 k.m. near village Pipariya on way to Atramour the bus turned due to loss of control in which appellant and other persons received injuries. Appellant sustained serious injuries in her spinal cord. She was admitted in the medical college, Jabalpur and remained in the hospital from 10.11.79 to 17.2.80 for a period of three months. She was not able to perform any duties. On the basis of said allegation she claimed an amount of Rs. 1,00,000/- on different counts. The appellant herself and also the doctor attending to her, Dr. S.K. Jain and Dr. R.H. Balchandani, stain their evidence that she got fractures in her spinal cord and became temporarily unfit and they also stated that due to the said injury, the appellant may suffer pain from time to time. As such the injury had resulted in a permanent disablement. The learned Judge after considering the evidence of the witnesses found in para 14 of the award that the appellant had became incapacitated to perform regular duties. However, it awarded a sum of Rs. 1,000/- towards the expenses and Rs. 1,000/- towards medical treatment and for pain and suffering Rs. 7,000/and for maid servant Rs. 600/- and expenses of the litigation Rs. 150/- Total Rs. 9760/-. This award has been challenged and enhancement claimed in respect of the award made. We have heard the counsel for the appellant as well as the respondent. Prima-facie it appears that the claims tribunal was wrong in awarding very meagre amount for pain and suffering as well as on account of medical treatment and expenses. Taking into consideration that the appellant was confined in the hospital for a period of three months and she was required to take special food and to spend on other items of expenses, the amount of Rs. 1,000/awarded on this count by the claims tribunal is much on the lower side. As such, the award is increased to Rs. 9,000/- as claimed.
1,000/awarded on this count by the claims tribunal is much on the lower side. As such, the award is increased to Rs. 9,000/- as claimed. For mental shock and agony, the Court has awarded Rs. 7,000/-. The said award is also on the lower side, the amount on this count is also enhanced to Rs. 20,000/-. The appeal is allowed to this extent the respondents shall pay to the appellant lump sum of Rs. 29,000/-. The amount shall carry interest @ 6% from the date of this order. The appeal is accordingly allowed with proportionate cost.