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2001 DIGILAW 279 (RAJ)

SALMA BANO v. ANAND SINGH

2001-02-16

J.C.VERMA

body2001
Judgment J. C. VERMA, J. ( 1 ) THIS civil misc. appeal has been preferred by claimant-appellant for enhancement of compensation against the award dated 7. 7. 1997 passed by the motor Accidents Claims Tribunal, Kota, in M. A. C. Case No. 125 of 1994. The Tribunal awarded the amount of Rs. 43,027 as compensation. ( 2 ) THE claimant Salma Bano was injured in an accident on 13. 1. 1994 when she was hit by a Tata Estate car No. RJ 20-C 2018, which was driven by respondent No. 1 Anand Singh. The said Tata Estate car caused accident with the scooter, on which the present appellant was sitting. As a result of accident, the claimant sustained injuries and remained admitted in the hospital from 13. 1. 1994 to 24. 1. 1994 and is said to have suffered compound fracture in tibia-fibula of the right leg. She had also suffered injuries on the left leg and also on fingers and head. The wounds on the head were stitched. According to the claimant, she had suffered 15 per cent permanent disability. ( 3 ) SINCE the present appeal is concerned with enhancement of amount awarded by the Tribunal, therefore, there is hardly any necessity to go into other aspects of negligence or as to how the accident was caused. The finding of guilt has already been recorded against the driver of Tata estate car. ( 4 ) IT has been observed by the Tribunal that as per the injury report, there were five injuries on the body of injured-claimant, out of which injury Nos. 1 and 5 were of serious nature. There were fractures of shaft tibia-fibula right and on lower end of fibula right, i. e. , two fractures were on the leg. As per Exh. 49 issued by the Medical board of the hospital, the claimant had suffered permanent disability to the extent of 15 per cent. The medical bills worth rs. 3,027 were produced before the Tribunal. The Tribunal awarded Rs. 3,027 as special damages and Rs. 40,000 as general damages considering the period of long treatment, etc. Thus a sum of Rs. 43,027 has been awarded to the claimant. ( 5 ) LEARNED counsel for the claimant-appellant submits that for two fractures on leg as detailed above and for suffering, the amount awarded to the tune of Rs. 40,000 only is too meagre. 40,000 as general damages considering the period of long treatment, etc. Thus a sum of Rs. 43,027 has been awarded to the claimant. ( 5 ) LEARNED counsel for the claimant-appellant submits that for two fractures on leg as detailed above and for suffering, the amount awarded to the tune of Rs. 40,000 only is too meagre. In my opinion, there is merit in the submission of the learned counsel for the claimant-appellant. The lady had suffered multiple fractures and there is unrefuted evidence that she had suffered permanent disability to the extent of 15 per cent. The permanent disability must have caused severe mental agony to the sufferer. She had been in plaster for a long time. Even though the medical bills of Rs. 3,027 only have been placed on record, but apart from the above, there are other expenses also, which are normally incurred by the patient, namely, amount spent on special diet, conveyance, attendance in the hospital, doctors and the help being taken from third person. Tribunal has not taken this aspect into consideration while passing the award. No damages have been assessed by the Tribunal for pain, suffering, special pecuniary damages or non-pecuniary damages, etc. In my opinion, for special care, attendance and immobility and the fact that the claimant lady was helped by another person because of fractures which took long time to cure, the amount of Rs. 20,000 can be held to be justified. ( 6 ) APART from above, even though the actual medical bills to the tune of Rs. 3,027 only have been placed on record, but in my view, there may be other expenses, for which the claimant-injured might not have kept any account and, therefore, on a guesswork, it would be appropriate to increase the amount on actual medical expenses to rs. 7,000. ( 7 ) THE appellant has suffered fractures, pain and mental agony. In my opinion, the general damages of Rs. 40,000 for two fractures on leg, injuries on head, fingers and other parts of body is too less and that needs to be enhanced from Rs. 40,000 to rs. 70,000. ( 8 ) IN the result, the appeal is allowed as indicated above and the amount of award is increased to Rs. 1,00,000 with interest as awarded by the Tribunal. Appeal allowed.