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Madhya Pradesh High Court · body

2002 DIGILAW 1032 (MP)

Suresh v. Gajjo

2002-11-19

A.K.GOHIL

body2002
JUDGMENT This is claimanat's appeal under section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation, against the award dated 8.9.1999, passed by the Member, Motor Accident Claims Tribunal, Kukshi, District Dhar, in Claim case No. 65/98. The claimant is a boy of 18 years. The accident took place on 7.5.1998 at village chikhalda. The claimant was going for taking bath in Narmada river on bicycle. He was hit by a truck bearing registration No. MP-09/K-3509. The said truck was being driven by respondent No.1 Gajju. It was owned by respondent No.2 Kishana Gopal and was insured with the respondent No.3. In the accident, the young boy received fracture in his right femur bone. The matter was reported to the police station Kukshi. The claimant was taken to the Civil Hospital Barwani, where he was treated by PW 1 Dr. V.L. Khangar and remained admitted from 7.5.1998 to 13.6.1998. The claimant filed a claim petition for claiming a compensation of Rs. 2,31,500/-, which was contested only by the Insurance Co. The respondents No.1 and 2, the driver and owner respectively, were ex parte. The claimant examined himself as PW 1 Dr. V.L. Khangar (PW 1) and Dr. Mahesh Agarwal (PW 4), who had, after examination, issued disability certificate to the claimant. After trial, the Tribunal awarded a total compensation of Rs. 34,000/-, against which the claimant has filed this appeal for enhancement. I have heard the learned counsel for the parties and perused the record. As per evidence of PW 1 Dr. V.L. Khangar, who is an arthopaedic specialist in Government Hospital at Barwani, had treated the claimant during the period from 7.5.1998 to 13.6.1998, while he was admitted in the hospital and due to fracture in right femur bone he had applied hip spika. Claimant's discharge ticket is Ex. P-l. Thereafter, PW 4 Dr. Mahesh Agarwal, who is also an arthopaedic surgeon had examined the claimant and as per his evidence there was fracture in femur bone and according to his evidence the right leg of the claimant became short by 4 cm. and the claimant suffered 32% permanent disability. The disability certificate is Ex. P-3 and according to this medical evidence the claimant is not in a position to sit properly. Looking to the aforesaid evidence on record, the compensation awarded by the Tribunal appears on lower side. The Tribunal has awarded a sum of Rs. and the claimant suffered 32% permanent disability. The disability certificate is Ex. P-3 and according to this medical evidence the claimant is not in a position to sit properly. Looking to the aforesaid evidence on record, the compensation awarded by the Tribunal appears on lower side. The Tribunal has awarded a sum of Rs. 25,000/- for the 32% disability and has awarded Rs. 5,000/- for treatment, on the basis that no bills for medicines purchased were produced. The Tribunal has awarded only a sum of Rs. 4,000/- towards the loss of wages for a period of 2 months, as the claimant is a labourer and was earning Rs. 20/- per day wages, including the amount for pain and suffering. As submitted by the learned counsel for the appellant, it is true that the Tribunal has not awarded any compensation for the future treatment and future loss and has also not awarded just and proper compensation in the other heads, like general damages, for loss of income, due to disability. The Tribunal has assessed the daily wages of the claimant as Rs. 20/-, which is also not proper. In fact, as per the minimum wages even prevailing in the year 1998 and also as per the 2nd Schedule prescribed in section 163A Notional Income for compensation to those who had no income prior to accident has been prescribed as Rs. 15.000/- p.a., according to which the rate of minimum wages would come to Rs. 40/-per day. Therefore, if there is 32% permanent disability, the yearly loss to the claimant comes to Rs. 5,000/- per year and if a multiplier of 16 is applied the loss is to be computed to Rs. 80,000/-. Therefore, in the head of disability the amount of compensation is enhanced from Rs. 25,000/to Rs. 80,000/-. The claimant remained hospitalised for about 5 weeks. Though, the bills have not been produced, but it is a fact that he remained hospitalised for more than 5 weeks, therefore, it can be presumed that while hospitalisation he must have spent Rs. 500/- on medicines, special diet and on other sundry expenses, then the amount of treatment may be calculated to Rs. 18,000/-. Therefore, in this head of treatment, instead of Rs. 5,000/- an. amount of Rs. 18,000/- is awarded. The Tribunal has not awarded any amount for future treatment. Therefore, a sum of Rs. 10,000/-is awarded for future treatment. 500/- on medicines, special diet and on other sundry expenses, then the amount of treatment may be calculated to Rs. 18,000/-. Therefore, in this head of treatment, instead of Rs. 5,000/- an. amount of Rs. 18,000/- is awarded. The Tribunal has not awarded any amount for future treatment. Therefore, a sum of Rs. 10,000/-is awarded for future treatment. The Tribunal has only awarded a compensation of Rs. 4,000/- for loss of income as well as for pain and suffering. Even if it is taken into consideration that he remained in the hospital for five weeks and, thereafter, he was advised to take rest for a period of two months, then it would be clear that the appellant could not perform his duties continuously for 4 months, therefore, even if normal wages is calculated then a sum of Rs. 6,000/- is awarded towards the loss of 4 months wages and Rs. 10,000/- is awarded towards pain and suffering. Thus, in a case where the claimant is about 15 years and suffered a shortening of leg by 4 cms and where he remained hospitalised for about 5 weeks the just and proper compensation would be Rs. 1,24,000/- in all the aforesaid heads. Therefore, the amount of compensation is enhanced from Rs. 34,000/- to Rs. 1,24,000/-. This amount will also carry interest @ 10% p.a. from the date of claim petition. The Insurance Co. is directed to deposit the said amount within a period of 2 months, failing which the Insurance Co. would be liable to pay interest @ 15% p.a. Accordingly, with the aforesaid directions this appeal stands allowed and the compensation is enhanced from Rs. 34,000/- to Rs. 1,24.000/- with interest @ 10% p.a. from the date of claim petition till payment.