R. C. Kosarwal v. Incharge, Rajasthan State Road Transport Corporation, Jaipur
2001-10-17
V.K.AGARWAL
body2001
DigiLaw.ai
JUDGMENT This miscellaneous appeal for enhancement of awarded amount by the claimant-appellant is directed against the award dated 5.2.1999 in M.C.C. No. 86/94 by Additional Motor Accidents Claims Tribunal, Astha, District Sehore, granting compensation of Rs. 5,000/-. Indisputably, the claimant-appellant was travelling on 27.7.1994 by bus no. RJ-27-P 1165 driven by respondent No. 3 and owned by respondents No. 1 and 2. The said bus met with an accident, resulting in injuries to the passengers, including the claimant-appellant. The claimant-appellant averred that as a result of accident, he suffered disfiguration of his face and that his two teeth were also broken. Claim petition under section 166 of the Motor Vehicles Act, 1988 (thereinafter referred to as 'Act' for short) claiming compensation of Rs. 75,000/- was filed. The learned Tribunal held that the accident occurred on account of rash and negligent driving of the bus ·by respondent No.3. However, compensation of Rs. 5,000/- only was awarded. Learned counsel for claimant-appellant submitted that the claimant -appellant has placed sufficient evidence on record to show that he suffered disfiguration as a result of injuries sustained in the accident and that his two teeth have been broken. It has been submitted that the evidence led by the appellant has remained unrebutted. Therefore, the award of compensation of Rs. 5,000/- was too low and was not a just compensation. It appears that the claimant-appellant Ramesh Kosarwal (AW 2) has stated that on account of accident, two of his teeth were broken and that there were injuries on his face, resulting in its disfiguration. His statement s supported by the statement of Dr. H.N. Dalondriya (AW 1), who has stated that on examination, he found injuries as described by him in his export Ex. P-1 on the appellant's face. It also appears that the claimant-appellant was also examined by Dental Surgeon Dr. Vaishnav, who has reported that there was dislocation of two teeth and he suffered grievous injuries. The evidence led by claimant-appellant has not been rebutted. It is clear that in the foregoing circumstances, the claimant-appellant suffered permanent disablement as defined in section 142 of the 'Act'. Therefore, in the circumstances of the case, the claimant-appellant is entitled to Rs. 25,000/- as compensation. Consequently, this appeal is allowed. The amount of compensation of Rs. 5,000/- as awarded by the Claims Tribunal is enhanced to Rs. 25,000/- (Rupees twenty five thousand only).
Therefore, in the circumstances of the case, the claimant-appellant is entitled to Rs. 25,000/- as compensation. Consequently, this appeal is allowed. The amount of compensation of Rs. 5,000/- as awarded by the Claims Tribunal is enhanced to Rs. 25,000/- (Rupees twenty five thousand only). The claimant-appellant shall also be entitled to get interest @ 12% p.a. on the said amount from the date of application, till its payment by the respondents. The liability to pay the amount as awarded above of the respondents, shall be joint and several.