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2002 DIGILAW 535 (MP)

Nokhelal v. Shiv Pujan

2002-05-14

AJIT SINGH, S.K.KULSHRESTHA

body2002
Judgment ( 1. ) THIS appeal is directed against the award dated 16-12-96 passed by the Motor Accident Claims Tribunal, Seoni, in Claim Case No. 23/94. ( 2. ) CLAIMANT/nokhelal is an employee of Steel Plant, Seoni, and at the time of accident he was earning Rs. 600/- per month. On 9-11-93 at about 10. 00 p. m. while he was going on his Luna moped to attend his duties at the Steel Plant, a bus bearing registration No. MKA 3196 came from the opposite direction and dashed him near Village Lakhanwara of Seoni District. The said bus was being driven rashly and negligently by its driver, respondent No. 1. The bus is owned by the respondent No. 2 and insured with the respondent No. 3. Because of the accident, the claimant sustained three major fractures on his right leg. Consequently, he suffered enormous pain and incurred heavy expenses on travelling for his treatment to Nagpur, medicines, special diet, etc. etc. According to the claimant, because of the accident, he could not attend his duties for three months and as such he was deprived of his salary also for that period. He, thus, claimed a compensation of Rs. 1,33,800/ -. ( 3. ) RESPONDENT Nos. 1 and 2 remained ex parte before the Claims Tribunal. Respondent No. 3 contested the claim on the ground that no document has been filed to prove the accident and injuries sustained by the claimant and as such it is not liable to pay the compensation. ( 4. ) THE Claims Tribunal rejected the defence of respondent No. 3 and awarded compensation of Rs. 17,950/- only with interest at the rate of 12% per annum. Dissatisfied wit the award, claimant has filed this appeal for enhancement of compensation. ( 5. ) SHRI Anshuman Singh, learned Counsel for the appellant, has strenuously argued that looking to the nature of injuries sustained by the claimant, the compensation awarded by the Claims Tribunal is too meagre and hence the same deserves to be enhanced. In support of his submission, he relied upon the decision of a Division Bench of this Court passed in Miscellaneous Appeal No. 53/99 (Jaypal v. Mehfooz Khan and two Ors.), dated 4-10-2001 = 2002 (1) M. P. H. T. 203. On the other hand, Shri Sanjay Agarwal, learned Counsel for the respondent No. 3, has asserted that the compensation awarded is just and proper. On the other hand, Shri Sanjay Agarwal, learned Counsel for the respondent No. 3, has asserted that the compensation awarded is just and proper. ( 6. ) WE have perused the evidence and material on record of the case. It is clear that the claimant suffered three major fractures on his right leg. He was subjected to surgery and a steel rod has been embedded inside the right leg. His this leg has also been shortened by 2/3 inches and hence it remains above the ground. Claimant is unable to walk normally and he cannot run. He, in fact, cannot walk without the assistance of a walking stick. His this condition has even been personally confirmed by the Presiding Judge of the Claims Tribunal after seeing him during his evidence. The deformity assessed by doctor is 33%. ( 7. ) WE have no doubt that the claimant must have suffered great pain and must have spent considerable amount on his treatment. He must have spent on transport and medicines. With this kind of injury he could not have travelled from place to place without engaging someone to look after him. He must have spent on attendant. This kind of injury to the claimant at this stage of life is going to cause him further problems in future. Under similar circumstances, a Division Bench of this Court in Jaypal v. Mehfooz Khan and two Ors. (supra) awarded a compensation of Rs. 1,00,000/- to the claimant. ( 8. ) IN the aforesaid background, we are of the considered opinion that the amount awarded by the Claims Tribunal is not adequate as contended by the learned Counsel for the claimant. We are of the opinion that interest of justice would not be defeated if the lump-sum compensation of Rs. 1,00,000/-is paid to the claimant in this case. The enhanced amount of compensation will carry interest at the rate of 9% per annum from the date of application till payment. Rate of interest on Rs. 17,950/- will be the same which has been awarded by the Claims Tribunal. Costs on parties.