Research › Browse › Judgment

Madhya Pradesh High Court · body

1994 DIGILAW 855 (MP)

New India Assurance Co. Ltd. v. Baldev Singh

1994-11-26

T.S.DOABIA

body1994
JUDGMENT T.S. Doabia, J. 1. The Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal), awarded compensation to the extent of Rs. 56,545/- to claimant Baldev Singh. The brief facts out of which this appeal has arisen may be noticed as under: On 28th of December 1988, at about 7.30 P.M., one Ranjit Singh and the claimant-respondent Baldev Singh were travelling on a scooter. They were on their way from Guna to Vijaypur. Ranjit Singh was driving the scooter. Baldevsingh was sitting at the back. When they reached village Ruthiai, they found a truck coming from the opposite direction. This was at a high speed. The scooter was taken towards the left. It struck a stationery truck bearing No. CIL 4046 facing Vijaypur. This was without light. Injuries were caused to both the occupants of the scooter. Ranjitsingh died. Baldev Singh sustained injuries. It is out of this accident and for the injuries sustained by Baldev Singh, a claim petition was filed. As noticed above, the Tribunal has granted compensation to Baldev Singh. The compensation which was awarded under various heads is as under: (i) permanent disability -- Rs. 20,000/- (ii) physical & mental agony -- 10,000/- (iii) for medicine and doctor's fee -- 10,000/- (iv) Loss of seniority and salary -- 7,700/ (v) Transportation charges -- 2,000/- (vi) Attendant expenses incurred on attendants -- 1,500/- (vii) Loss of clothes -- 600/- (viii) Rental for room where treatment was on -- 945/- (ix) Special diet -- 1,800/- (x) Repairing charges of scooter -- 2,000/- ------------ Total Rs. 56,545.00 -------------- 2. I am of the view that there is no scope of interference with the award made by the Tribunal. 3. The claimant had suffered serious injuries on both the legs. There was crack in the hip joint. He sustained a bone-deep injury on the right side in the ear. Serious injuries on his face were also sustained. There is shortening of right leg and there is disablement on account of hip injury. He also lost his teeth in the accident. Injuries sustained by him were duly supported by the statement made by the doctor. This is Ex. P/32. The claimant has been undergoing continuous treatment in the hospital at Indore. A perusal of the certificate given by his employer, copy whereof is Ex. He also lost his teeth in the accident. Injuries sustained by him were duly supported by the statement made by the doctor. This is Ex. P/32. The claimant has been undergoing continuous treatment in the hospital at Indore. A perusal of the certificate given by his employer, copy whereof is Ex. P/19, shows that he was unable to join his duties for almost four months. He was selected for promotion to the post of Technician with effect from 1st of January 1989 but due to the accident could join his duties only on 31st of March 1989. His promotion to the higher post was as such delayed by six months. He also suffered loss of perks. The fact that the claimant was under treatment at Indore and that he was unable to attend the duties for almost four months was a factor taken into consideration by the Tribunal. In Gursharan Singh Sandhu v. State of Haryana, compensation to the extent of Rs. 3,00,000/- was granted where there was shortening of the leg by 2" and where disability was 40%. His salary was Rs. 760/-. It cannot be said that the Tribunal has committed any error in awarding the compensation. I do not find any infirmity in the award made by the Tribunal. This appeal is without any merit and the same is dismissed.