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Madhya Pradesh High Court · body

2001 DIGILAW 545 (MP)

M. v. Subhash VS New India Assurance Company Ltd.

2001-07-26

ARUN MISHRA, BHAWANI SINGH

body2001
Judgment ( 1. ) THIS appeal is directed against award of Motor Accident Claims Tribunal, Shahdol in Claim Case No. 33 of 1995, dated October 1, 1997. ( 2. ) CLAIMANT/appellant alleges that he is a duly qualified Refrigeration and Air-conditioning Mechanic by profession earning Rs. 3,500. 00 per month in his home town in Kerala. He came to Birsinghpur, Pali in search of work where installation of a large Power House Project was going on. His brother was working in that Project. On 13-8-1994, when he was going to the place of work by motor cycle, he was hit by speeding jeep No. MP-18/2621 driven rashly and negligently by Brijlal Sen, owned by Komal Prasad Gupta and insured with the New India Assurance Company Limited. He was taken to Primary Health Centre, Pali wherefrom he was shifted to District Hospital, Shahdol. After some treatment for 10-12 days, he was taken to Kerala for further treatment. He was subjected to surgical operation also. ( 3. ) CLAIM for Rs. 19,34,000. 00 has been raised by the claimant. Other side has opposed the claim and it is stated that claimant was driving the motor cycle at a fast speed and unable to control the same, it hit the jeep which had been parked due to the bursting of its tyre. Due to this accident, business of claimant is not affected nor he suffered disability. Claim has been exaggerated when he himself is responsible for the accident. The driver did not possess valid driving licence for driving the jeep. ( 4. ) CLAIMS Tribunal has come to the conclusion that accident took place due to rash and negligent driving of the jeep which hit the motor cycle resulting in serious injuries to the claimant. Consequently, compensation of Rs. 16,000. 00 with interest at the rate of 12% per annum has been awarded. Allegation that driver of jeep did not possess valid driving licence at the time of accident has been rejected. ( 5. ) THROUGH this appeal, enhancement of compensation is sought on the ground that Claims Tribunal has not assessed proper compensation in this case and committed error in considering and appreciating documents on record and took technical view of the matter requiring proof of documents in accordance with law of evidence, though such principles are not applicable in proceedings under the Motor Vehicles Act, 1988. ( 6. ( 6. ) AFTER hearing learned Counsel for parties, we find that accident has taken place as alleged by claimant. As a result of this accident, he suffered, injuries, serious one being the fracture of right tibia. He took treatment at Pali and District Hospital, Shahdol for some days whereafter he was taken to Kerala for further treatment. It may be true that claimant has not filed documents of treatment undertaken by him at Pali and Shahdol and all the documents including the treatment bills pertain to Kerala, but fact remains that the accident took place at Shahdol which has been proved by claimant himself in his statement as well as by his brother Sanjeev Kumar (P. W. 2 ). There is also certificate from District Medical Board, District Shahdol certifying the disability of the claimant to be 5%. Therefore, it is difficult to accept the contention of Shri Agrawal, learned Senior Counsel that the injury sustained by the claimant is not connected with the accident. ( 7. ) THE next question for determination is whether just compensation has been awarded by the Claims Tribunal in this case. Claimant suffered injuries in the accident, one is fracture of right tibia. There is no doubt about the seriousness of this injury that is why, the claimant was subjected to surgical operations. Large number of documents showing the expenditure on medicines further indicate seriousness of injury suffered by him. The claimant is a duly qualified Refrigeration and Air- conditioning Mechanic. He was earning Rs. 3500. 00 per month from this business in his home town in Kerala. On account of this accident, it appears, he remained without work for six months. He must have suffered great paid after receiving the injury, during treatment and some time thereafter. With this background, we are of the opinion that compensation awarded to him is inadequate. Interest of justice would not suffer if it is increased to Rs. 50,000. 00 (Rupees Fifty thousand) for the injury/disability, mental pain and suffering, medical treatment and loss of work. The compensation will carry interest at the rate of 12% per annum from the date of application till payment. Appeal is allowed to the extent aforesaid. Cost on parties.