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2003 DIGILAW 53 (MP)

Vijay Karan Verma v. Abdul Naseem

2003-01-09

BHAWANI SINGH, S.L.JAIN

body2003
ORDER Bhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 209/1998, dated 28-9-1999. 2. On 22-9-1997, claimant was going on his motor-cycle. Mini Bus bearing registration No. MP-04-H-7510, owned by Durga Bus Service, Bhopal, driven by Abdul Naseem and insured with New India Assurance Co. Ltd., dashed against the motor-cycle, because the Mini Bus was being driven rashly and negligently. As a result of the accident, claimant suffered fracture in his left hand, left knee and right leg. He was treated and hospitalised at Hamidia Hospital, Bhopal from 22-94997 to 12-10-1997. He suffered permanent disability to the extent of 20% as per Dr. Raghvendra Sadh (A.W. 3). He alleges that due to this accident, he underwent great pain and suffering, his chances of promotion were affected sine he was withdrawn from field duty to office duty and he had to spend on treatment and take special diet. 3. Driver remained absent, while owner and Insurance Company resisted the claim and denied the liability. 4. The Claims Tribunal framed 4 issues on the pleadings of parties and came to the conclusion that the accident took place as alleged; claimant suffered fracture in hand and feet resulting in permanent disability. Defence that the driver did not possess valid driving licence, violated conditions of insurance policy, as such there is no liability of Insurance Company has been rejected. Compensation of Rs. 40,000.00 has been awarded with interest at the rate of 12% per annum, payable from the date of order. 5. Award has been challenged through this appeal. 6. Shri Manikant Sharma submits that claimant suffered three fractures of serious nature from this accident; he remained in the hospital for 20 days and operated and rod inserted in his leg which continued thereafter also. As a result of this accident, movement of the appellant has been affected which is relevant in the context of his duty he was performing in the Forest Department. He was withdrawn from this duly and posted in office and incurred expenditure on treatment and attendant and special diet. He was bachelor at the time of accident, looking after his unmarried sisters and family. Therefore, compensation deserves to be enhanced because Tribunal has not awarded just compensation in this case. 7. He was withdrawn from this duly and posted in office and incurred expenditure on treatment and attendant and special diet. He was bachelor at the time of accident, looking after his unmarried sisters and family. Therefore, compensation deserves to be enhanced because Tribunal has not awarded just compensation in this case. 7. Giving our consideration to the whole matter, particularly the evidence in this case, we find substance in the contention of Shri Manikant Sharma. 8. Accordingly, the appeal is allowed and award is modified. Claimant is entitled to compensation as under :-- (i) Permanent disability Rs. 80,000.00 (ii) Pain and suffering Rs. 30,000.00 (iii) Attendant Rs. 5,000.00 (iv) Special diet Rs. 5,000.00 Total Rs. 1,20,000.00 Thus compensation of Rs. 1,20,000.00 is awarded. Interest on the award of Tribunal at the rate of 12% per annum shall be payable from the date of application till payment. Interest on enhanced compensation shall be at the rate of 9% per annum from the date of application till payment.