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2003 DIGILAW 255 (MP)

Sabir Mohd. Qureshi v. Anil Kumar Kalra

2003-02-06

BHAWANI SINGH, S.L.JAIN

body2003
JUDGMENT Singh, C.J. (Oral) -- Through this appeal, award, passed by Motor Accidents Claims Tribunal, M.C.C. No. 12/98, dated August 29, 2,000, has been challenged. On November 9, 1996 at about 11.30 p.m., claimant was going through Kohefiza on scooter. When he reachl1d Kohefiza Police Post, Maruti car No. MP-04-D/0078 driven rashly and negligently, came on the wrong side and hit the claimant. He suffered injuries to head, nose, left forearm, right foot and back. He fell unconscious, shifted to Kohefiza Hospital. It was found that his forearm of left hand had fractured, operated, nail inserted and screwed. He got treatment at Indore also. Left hand forearm suffered permanent disability. Matter reported to the police, driver prosecuted and punished having confessed the crime. Vehicle was insured with Oriental Insurance Company, Limited, owned and driven by Anil Kumar Kalra. Claimant is Assistant Administrative Officer, New India Assurance Company, Bhopal. He is sportsman of repute having won medals, trophies and certificates. By this accident his efficiency has been diminished. Compensation of Rs. 58,06,000/- is claimed. Respondents dispute these facts. It is stated that the claimant was himself responsible for the accident, therefore, he is not entitled to compensation, claim deserves to be rejected. While Insurance Company has stated that claimant was driving the scooter negligently resulting in the accident. He lost balance due to speed while moving in a slope and struck against Maruti car. Documents of spendings on medical treatment are not produced. Driver did not possess driving licence, therefore, claim be rejected. Claims Tribunal held that the accident took place as alleged and claimant suffered injuries pointed out by him. Accordingly, compensation of Rs. 34,000/- has been awarded. [Rs. 30,000/- for disability, Rs. 3,000/for pain and suffering and Rs. 1,000/- for special diet]. Through this appeal, award has been assailed by the claimant. Shri Narendra Chouhan, learned counsel for appellant urges that Claims Tribunal has not awarded just compensation in this case. As a matter of fact, Claims Tribunal failed to appreciate the evidence and understand the seriousness of -injuries and the impact thereof on the life of the claimant. The claimant is a renowned sportsman, secured various certificates from time to time in various fields of sports activities suffering disability of 40 percent would definitely harm his sports activities, future career and personality. The claimant is a renowned sportsman, secured various certificates from time to time in various fields of sports activities suffering disability of 40 percent would definitely harm his sports activities, future career and personality. Therefore, just compensation be awarded for the permanent disability, treatment, special diet, pain and suffering, transport, etc. Giving consideration to the whole matter, we find that the claimant is young man of 46 years, he is a good sportsman, large number of certificates placed on the record are testimony of his sports activities and awards obtained by him in various sports activities. Naturally, by this accident, he is going to be affected, since his left forearm has been fractured, it is nailed and screwed. In doctor's opinion it has stiffened, therefore, permanent disability has taken place. Dr. Saiyad Naeem Zahid (A.W. 3) places 40 percent disability while Dr. Mahesh Dixit (A W 4) places it as 27.3 percent. Fact remains that nature of injury caused to claimant is serious affecting his physical frame, enjoyment and participation in sports and social activities. Apart from this, he suffered injuries to head and back. Therefore, the compensation of Rs. 34,000/awarded in a case of this nature is grossly indequate. Accordingly, the appeal is allowed. A ward is modified. The claimant is awarded compensation on following heads - (1) Permanent disability Rs.70,000/ (2) Pain and suffering Rs. 20,000/ (3) Medical expenditure Rs. 30,000/ (4) Special diet Rs.5,000/ (5) Transport; Rs. 5,000/- (6) Conveyance allowance Rs. 10,000/- since petitioner would not be in a position to drive the scooter for five years. Accordingly, compensation of Rs. 1,40,000/- (Rupees one lac forty thousand) is awarded to the claimant payable by Oriental Insurance Company, within two months. Enhanced compensation to carry interest at the rate of 9% (nine percent) per annum from the date of application till payment. Costs on parties.