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1999 DIGILAW 794 (MP)

Prahlad v. Mushtaque

1999-09-29

A.K.GOHIL

body1999
ORDER A.K. Gohil, J. 1. This is claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by Award dated 20.12.1996 by the Addl. Member, M.A.C.T. Manawar, District Dhar in Claim Case No. 65 of 1994. 2. Undisputedly the facts of the case are that the appellant-claimant is aged about 25 years and working as a Sweeper in the Nagar Palika, Manawar. On 27.12.1993, at about 7.00 p.m., on the bridge of Man Nadi, the bus bearing registration number CIH-7771 belonging to respondent No. 2 - Corporation and being driven by respondent No. 1 driver Mushtaque rashly and negligently dashed the appellant from his back side, appellant received injuries in the elbow of the left hand, shoulder, left eye, right hand, palm, back and head. Thereafter he was taken to Government Hospital Manawar, After putting 12 stitches in the left hand, he was referred for further treatment to Government Hospital, Dhar. He was admitted for seven days in Dhar Hospital. X-ray was taken and fracture in the left hand was detected. Ex. P/9 is the disability certificate issued by Dr. S.L. Gupta, Assistant Surgeon working in Bhoj Hospital, Dhar who was also examined as P.W. 3 before the Tribunal and as per the statement of Dr. Gupta, because of the injury in the left hand, the left hand of the appellant became permanently disabled and the percentage of the disablement is about 50%. As per the statement of the appellant P.W. 1, he could not work for six months, he spent Rs. 10,000/-,on medicines and treatment and he is not able to work with his left hand. The appellant had filed a case for compensation of Rs. 3,70,600/-. The learned Member of the Tribunal awarded only a sum of Rs. 10,000/- as a total compensation in all heads. 3. The submission of the learned Counsel for the appellant is that the learned Claims Tribunal has not awarded proper amount of compensation to the appellant either towards the permanent disability, medical expenses and for future expenses and also towards loss of work, pains and suffering. 4. Learned Counsel for the respondents supported the award and submitted that the award is justified and there is no scope for any enhancement on the ground that the appellant has submitted the medical bills only for Rs. 839.00 and there is no other evidence for other expenditure on treatment. 4. Learned Counsel for the respondents supported the award and submitted that the award is justified and there is no scope for any enhancement on the ground that the appellant has submitted the medical bills only for Rs. 839.00 and there is no other evidence for other expenditure on treatment. 5. Having heard the learned Counsel for the parties, I am of the opinion that the learned Tribunal has not awarded proper amount towards the disability of the appellant. The appellant has examined Dr. S.L. Gupta as P.W. 3 and Dr. Rajendra Choudhary as P.W. 4. Mr. Choudhary was posted in the Primary Health Centre at Manawar and he had referred the appellant to District Hospital, Dhar. P.W. 3 Dr. S.L. Gupta, who had treated the appellant at Dhar and as per the opinion of P.W. 3 Dr. Gupta appellant's left upper limb became permanently disabled upto 50%. Looking to the evidence of P.W. 3 Dr. S.L. Gupta, the amount of compensation is on lower side. The learned Tribunal has also not awarded any amount of compensation towards the permanent disability. Looking to the doctor's evidence, in the facts and circumstances of the case, I am of the view that Rs. 25,000/- shall be the appropriate amount for the 50% permanent disability of upper left limb of the appellant. 6. In the result, the appeal is allowed and the amount of compensation, towards the permanent disability in the left upper limb, is enhanced to Rs. 25,000/- and Rs. 10,000/- as awarded by the Tribunal shall be treated towards the general damages for treatment, pains and suffering, etc. and also for loss on account of not attending the duties. Therefore, in all the appellant shall be entitled for a total sum of Rs. 35,000/-. The appellant is also entitled to get interest @ 12% per annum from the date of filing of this petition till the date of payment of the said amount. The amount already deposited, would be adjusted against this enhanced award. The appellant will also get the cost of this appeal from the respondents. Counsel's fee Rs. 500/-, if certified. Record be returned.