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Madhya Pradesh High Court · body

1998 DIGILAW 169 (MP)

Ratan Singh Bhil v. brahim

1998-02-23

J.G.CHITRE

body1998
JUDGMENT The point of controversy is in respect of the compensation awarded. Shri Patwa submitted that the amount of compensation is very much less keeping in view disability caused to the victim. Shri Goyal submitted that it is sufficient and there is no scope of increasing it. The disability is 35%. In the matter of Yogesh Misra v. Munnalal reported in 1994 ACJ 134 this Court has granted compensation of Rs. 20,000/- when the victim suffered disability to the extent 30%. In the present matter the disability is 35%. The age of victim is 38 years. The victim was doing the work of carpentary. The disability has been caused on account of fracture of left leg. Keeping in view the disability, the victim is bound to suffer for that in future also. The tribunal has not given a proper consideration to the expenditure incurred by him in respect of medical expenses as well as pain and sufferings on account of disability. Thus, keeping in view, the view taken by this Court in the matter quoted supra the amount of compensation is hereby increased from Rs. 32,000/- to Rs. 50,000/-. Rs. 10,000/- have been awarded to the claimant for pain and sufferings as well as medical expenditure which he would incur in future. Thus, the appeal is partly allowed. The award stands modified to the extent above. The appellant would be getting Rs. 60,000/- (sixty thousand). There would be no change in the rate of interest which is 12% per annum, from the date of petition to the date of realising of the amount.