FAKHRUDDIN, J. ( 1 ) HEARD learned counsel for the parties. ( 2 ) THE claimant-appellant has preferred this appeal against the award dated 31. 7. 90 passed by the 4th Additional Motor Accidents Claims Tribunal, Durg, for enhancement of the amount awarded. ( 3 ) THE accident occurred on 1. 6. 1988. While the claimant was travelling in a bus no. MKT 1116 belonging to Durg Travels pvt. Ltd. , another bus No. CIS 8178 dashed the first bus from behind, as a result of which, the applicant received injuries on right hand and forehead. He was admitted in the Government Hospital, Durg. He was operated upon and a steel road was inserted in his right hand. When he could not improve, the steel rod was removed from the right hand. The treatment continued for about a year. It is said that at the time of accident he was earning Rs. 5,000 per month. He had also to engage a servant paying Rs. 450 to him. For medicines, he had incurred Rs. 3,000. It is said that because his right hand has been permanently disabled, even he is not in a position to give and take. The appellant claimed compensation of Rs. 1,00,000. ( 4 ) THE Tribunal accepted the contention of the claimant that the driver of the other bus was driving the bus rashly and negligently and it has not been disputed. ( 5 ) SO far as question of compensation is concerned, the Tribunal has considered it in paras 17, 18, 19, 20, 21, 22, 23 and 24. The Tribunal has awarded Rs. 5,000 towards medicines, Rs. 3,000 towards loss of income and Rs. 4,000 towards pain and suffering. The total amount awarded is rs. 12,000. This appeal has been filed for enhancement of the amount of compensation. ( 6 ) LEARNED counsel for the applicant contended that for about one year, the appellant could not sit in the shop and he was deprived of his income. It is said that he was earning Rs. 100-150 per day at the time of incident. Even if Rs. 100 per day is taken as his income, then the amount will come to Rs. 3,000 per month and Rs. 36,000 per year.
It is said that he was earning Rs. 100-150 per day at the time of incident. Even if Rs. 100 per day is taken as his income, then the amount will come to Rs. 3,000 per month and Rs. 36,000 per year. ( 7 ) THE Tribunal has said that the father of the appellant used to sit in the shop and, therefore, there was no loss of income of the appellant. It is also said that the appellant had to engage a servant to help in the business on payment of Rs. 450 per month. Therefore it cannot be said that there was no loss of income of the appellant for a period of one year and the approach of the learned Tribunal cannot be said to be justifiable. Learned counsel for the appellant has referred to a judgment of the Division bench of High Court of Madhya Pradesh in the case of Yashpal Gaur v. Meena Suri, 1995 ACJ 480 (MP), to contend that even if the injured person takes leave, the loss of leave which the injured has taken is admissible. It is said that on the same footing the loss of income during treatment is admissible. As such the amount of compensation towards loss of income for a period of one year is enhanced from Rs. 3,000 to Rs. 33,000. ( 8 ) SO far as medicines are concerned, the Tribunal granted Rs. 5,000. Learned counsel for the appellant contended that the appellant remained in the hospital for treatment, ticket of which was filed as Exh. A - 11. It is further contended that the appellant also purchased medicines and bills of the same were filed as per Exhs. A - 14 to A-59 and according to him, in addition he has also spent Rs. 6,000 in treatment. He has been operated thrice. Learned counsel for the appellant relied on the decision in the case of Sureshchand v. Phulsingh, 1995 ACJ 262 (MP) and Shashendra Lahiri v. UNICEF, 1998 ACJ 859 (SC ). He submits that in Shashendra Lahiri's case, where the injured was aged 17 years of age suffered fractures and remained hospitalized for some time, the Tribunal awarded only Rs. 33,000 which was enhanced in appeal to Rs. 58,000 and the Hon'ble Supreme Court further enhanced the award to. Rs. 4,58,000.
He submits that in Shashendra Lahiri's case, where the injured was aged 17 years of age suffered fractures and remained hospitalized for some time, the Tribunal awarded only Rs. 33,000 which was enhanced in appeal to Rs. 58,000 and the Hon'ble Supreme Court further enhanced the award to. Rs. 4,58,000. The learned counsel for the appellant submits that the age of the appellant at the time of accident and adverse affect of permanent disability has to be considered. ( 9 ) THE Tribunal has awarded Rs. 5,000 towards medicines. The appellant has been operated thrice. He remained in hospital for treatment and he had to purchase medicines. He has also submitted bills of the medicines as per Exhs. A - 14 to A-59. The amount awarded towards medicines, however, appears to be just. ( 10 ) SO far as the compensation towards pain and suffering is concerned, the Tribunal has awarded Rs. 4,000. The learned counsel for the appellant submits that the amount towards pain and suffering may suitably be enhanced. The appellant was operated thrice. On his right hand, a steel rod Was inserted and thereafter when he could not improve, the rod was removed. He was not in a position to give and take. Learned counsel for the appellant referred to a decision in the case of Depot Manager, Andhra Pradesh State Road Trans. Corpn. v. Rama Ramulu, 1998 ACJ 454 (AP) and submitted that while assessing the quantum of compensation in personal injury claim cases, the following items are to be considered: (1) Shock, pain and suffering and loss of amenities of life; (2) Injury itself, depending upon the disability, permanent, temporary, partial or complete; (3) Medical and incidental expenses; (4) Loss of income till the date of petition and from the date of petition till the date of award and future loss; (5) Loss of earning capacity, having bearing on item No. 4; (6) Shortened life expectancy; (7) Loss of prospects of marriage, avocation, education, social, economical, cultural and political opportunities; (8) Loss of beauty due to disfigurement; (9) Disability, both physical, mental and social; (10) Medical expenses towards future treatment; (11) Loss of property during the accident; and (12) Any other item depending upon the facts and circumstances of each case. In the opinion of this court also, these items are to be taken into consideration while awarding the compensation.
In the opinion of this court also, these items are to be taken into consideration while awarding the compensation. ( 11 ) TAKING thus overall facts and circumstances of the case and items explained above and the compensation which has been awarded, the amount awarded towards pain and suffering, Rs. 4,000 is enhanced to Rs. 40,000. ( 12 ) IN view of the above discussion, the amount of compensation towards medicines is awarded Rs. 5,000, the amount of compensation towards loss of income is enhanced to Rs. 33,000, and the amount towards pain and suffering is enhanced to rs. 40,000. Therefore the total amount of compensation is enhanced from Rs. 12,000 to Rs. 78,000 with interest at the rate of 9 per cent per annum on the unpaid amount from the date of application. The amount be paid adjusting the amount already paid within a period of four months from today. If the amount is not paid within four months, the same shall carry interest at the rate of 12 per cent per annum. ( 13 ) THE appeal is partly allowed. ( 14 ) COUNSEL's fee as per schedule. Appeal partly allowed. --- *** ---