Anil Kumar Jain v. General Manager, Punjab Roadways
1998-07-22
A.P.MISRA, G.B.PATTANAIK
body1998
DigiLaw.ai
ORDER : G.B. Pattanaik, J. - The appellant made a claim under the provisions of the Motor Vehicles Act, 1939 claiming compensation to the tune of Rs. 1.5 lakhs for the injury sustained by him on account of the accident of a motor vehicle. The Motor Vehicles Claims Tribunal came to the conclusion that the appellant is entitled to compensation but in quantifying the amount of compensation, no reliance was placed on the evidence of the doctor who was treating the appellant and then taking an overall view of the injuries sustained, a compensation of Rs 8000 was awarded in his favour. On an appeal being carried, the learned Single Judge of the High Court came to the conclusion that the Tribunal was in error in not relying upon the evidence of the doctor who was examined as PW 3 but thereafter, it assessed the compensation to which the appellant is entitled to at a sum of Rs 50,000. The appellant being aggrieved by the said amount of compensation preferred an appeal to the Division Bench which stood dismissed in limine and hence the present appeal. 2. The learned counsel for the appellant contends that in view of the evidence of the doctor, PW 3 to the effect that the appellant had suffered 65% of physical impairment and loss of physical functioning to the lower limb, the amount of compensation to the extent of Rs. 50,000 is grossly low particularly taking into account the fact that the injured was aged 29 years and was having an income of Rs. 1500 per month. Though the notices have been duly served on the respondents, there has been no appearance on behalf of the respondent. Having heard the learned counsel for the appellant and on going through the evidence of PW 3 Dr S.S. Sandhu and the nature of injuries sustained by the appellant in the course of accident and the physical impairment which, according to the doctor, the appellant had sustained, we are of the considered opinion that the amount of Rs 50,000 of compensation is on the lower side. Taking into account all the materials on record, we think it appropriate to enhance the compensation to a sum of Rs 80,000 and we so direct. This amount of compensation will bear interest at the rate of 6% per annum from the date of the application till the amount is paid.
Taking into account all the materials on record, we think it appropriate to enhance the compensation to a sum of Rs 80,000 and we so direct. This amount of compensation will bear interest at the rate of 6% per annum from the date of the application till the amount is paid. This appeal is accordingly allowed with no order as to costs.