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Madhya Pradesh High Court · body

2001 DIGILAW 723 (MP)

Ram Narayan Sharma v. Ram Kumar Singh

2001-10-04

A.K.MISHRA, BHAWANI SINGH

body2001
JUDGMENT Singh, C.J. (Oral) -- It is inadequacy of compensation awarded by the Claims Tribunal for the injuries suffered by the claimants and non-award of compensation for damage caused to the motorcycle, which has been assailed through this appeal by 'the claimant against the award of the Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 92/92, dated January 29, 1993. The accident took place on 26.2.1988 when jeep No. MBA 9962 owned by Ram Kumar Singh, driven by Brijlal Yadav and insured with the Oriental Insurance Company hit the motorcycle resulting in damage to it and injuries to the claimant. The medical evidence suggests that the claimant suffered fracture of 5th and 6th ribs apart from some other injuries to his body. The motorcycle was also damaged. The allegation is that the accident is result of rash and negligent driving of the jeep 'by the driver, otherwise it would not have happened. The onwer and driver of the jeep did not contest the claim, therefore, preceded ex-parte The defence of the Insurance Company is that the claim is exaggerated, time-barred and no permanent disability is suffered by the claimant. All these defences have been rejected by the Claims Tribunal. Taking place of accident has been established and receiving injuries by the claimant. Damage to the motorcycle has also been found by the Claims Tribunal in this case. However, no compensation has been awarded towards this claim and for injuries to the claimant, compensation of Rs. 7,500/- has been awarded. The claimant is not satisfied with this award, therefore, seeks enhancement through this appeal. The counsel for the parties heard and record perused. There is no dispute about taking place of accident and involvement of the claimant and his motorcycle in it. The fracture of 5th and 6th ribs is established from the medical evidence. The dispute is with regard to quantum of compensation payable to the claimant in this case. Learned counsel' for the Insurance Company contends that the damage to ribs is not of permanent nature, that on be cured as per Doctor. Shri K.P. Mishra, learned counsel appearing for the claimant, submits that the fracture of ribs is quite a serious injury to the person who suffers because of this injury when weather changes. Learned counsel' for the Insurance Company contends that the damage to ribs is not of permanent nature, that on be cured as per Doctor. Shri K.P. Mishra, learned counsel appearing for the claimant, submits that the fracture of ribs is quite a serious injury to the person who suffers because of this injury when weather changes. It may not strictly fall within the term "destruction or permanent impairing of the powers of any member or joint but it takes time for recovery and has the tendency to make the person suffer in later years when weather changes. Awarding of Rs. 7,500/- for fracture of two ribs is absolutely inadequate, therefore, enhancement is necessary. There is no dispute that the claimant has suffered fracture of 5th and 6th ribs. This kind of fracture cures but it takes time. person suffering from this problem has to lie down for some period so that fracture of two ribs is cured. He has to be attended; has to be given proper food and medicines as well. There for, with this background the award of compensation deserves to be enhanced to Rs. 20,000/-. We notice that the claimant has filed documents with regards to repairs to the Motorcycle. The total amount of bill comes to Rs. 4,041/-. Consequently, the claimant is awarded Rs. 20,000/- for injuries suffered by him and Rs. 4,041/- for damage to the motorcycle, taking total compensation to Rs. 24,041/-. The enhanced compensation will be carrying interest at the rate of 9% per annum from the date of application till realization. The appeal is allowed in terms aforesaid. Costs on parties.