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1996 DIGILAW 339 (MP)

Pradeep Gupta v. Pancham Singh And Ors.

1996-03-23

DOABIA, DUBEY

body1996
JUDGMENT Dubey and Doabia, JJ. 1. Appellant made a prayer that the service on respondent No. 2 be dispensed with, as he was ex parte before the Tribunal. Prayer is allowed. 2. As regards respondent No. 1, it is stated that he is a driver and the liability of the insurance company is limited to Rs. 1,50,000/-. Therefore, the service of this appeal, which is for enhancement of the compensation, on the respondent No. 1 be also dispensed with. Prayer allowed. 3. Counsel heard. 4. The appellant at the time of accident was 22 years of age and was a student, who met with an accident on 11.11.1986 at about 7.30 p.m. when he was going on his motor-bike, by the truck which was driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 at the relevant time. In the said accident, the appellant received fracture in right femur bone and a wound in the right thigh. He was admitted to J.A. Group of Hospitals, Gwalior on 11.11.1986 where he was operated and thereafter he was discharged from the hospital on 13.12.1986 and again was admitted on 16.12.1986 and remained as an indoor patient till 5.2.1987. He was also advised to consult Dr. K.T. Dholakiya at Bombay. At Bombay he remained under treatment of Dr. Mehta for about three months and then at All India Institute of Medical Science at New Delhi. As a result of the injuries suffered by the appellant there is a shortening in the leg by 21/2" causing permanent disability by this shortening of the leg. The Tribunal has awarded the compensation of Rs. 40,000 only. 5. In our opinion, the compensation awarded is on the lower side. Considering the comparable cases for such injuries a minimum of Rs. 50,000/- ought to have been awarded towards permanent disability and Rs. 15,000/- for pain and suffering, Rs. 15,000/- towards the expenses incurred in treatment and Rs. 10,000/- for special diet. The total compensation thus would come to Rs. 90,000/- which would be just and proper in the circumstances of the case. We take support from a Division Bench decision of this court in M.P. State Road Trans. Corporation v. Laxmi, 1993 ACJ 1273 (MP). 6. In the result the appeal is allowed. The award of the Tribunal shall stand modified to the extent indicated here-inabove. 90,000/- which would be just and proper in the circumstances of the case. We take support from a Division Bench decision of this court in M.P. State Road Trans. Corporation v. Laxmi, 1993 ACJ 1273 (MP). 6. In the result the appeal is allowed. The award of the Tribunal shall stand modified to the extent indicated here-inabove. The insurance company shall deposit the amount with interest at the rate of 12 per cent per annum from the date of the application till realisation. Of course, the insurance company shall deposit the amount after adjusting the amount already deposited with its proportionate interest within a period of two months from today. In case the insurance company fails to deposit the amount within the time fixed, the amount shall carry interest at the rate of 18 per cent per annum. The insurance company shall pay the costs of this appeal. Counsel's fee Rs. 750/-.