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2004 DIGILAW 651 (MP)

Ku. Fatima alias Kiran Swamy v. Murarilal

2004-08-12

RAJEEV GUPTA, S.K.KULSHRESTHA

body2004
Judgment ( 1. ) ON due consideration MCP No. 1461/2004 is allowed and the delay in filing the appeal is hereby condoned. ( 2. ) WITH the consent of the learned Counsel for the parties the appeal is finally heard. ( 3. ) APPELLANT Ku. Fatima @ Kiran Swamy is seeking enhancement of the amount of compensation awarded by Fourth Additional Motor Accident Claims Tribunal, Jabalpur, vide award dated 28-4-2003 passed in Motor Vehicle Case No. 87/2002. ( 4. ) APPELLANT Ku. Fatima @ Kiran Swamy claimed compensation of Rs. 3 lacs for the serious injuries including a crush injury on her right arm resulting in permanent disability to the extent of 40%, in the motor accident on 27-3-2002. ( 5. ) THE Tribunal, on considering the evidence led by the parties, awarded Rs. 40,000/- for the 40% permanent disability; Rs. 10,000/- for medical expenses; Rs. 5,000/- towards pain and suffering; and Rs. 2,000/- for loss of income. Thus a total sum of Rs. 57. 000/- was awarded as compensation to the appellant for the injuries suffered by her in the accident. ( 6. ) SHRI Awasthy, the learned Counsel for the appellant, submits that compensation of Rs. 57,000/-, awarded by the Tribunal, is too low in comparison to the serious injuries suffered by the appellant and the huge amount spent by her on treatment. ( 7. ) SHRI Jain, the learned Counsel for the Insurance Company, on the other hand submits that the compensation awarded by the Tribunal is just and proper and does not call for any enhancement in this appeal. ( 8. ) IT is not in dispute that appellant Ku. Fatima @ Kiran Swamy sustained injuries in the accident on 27-3-2002 which resulted in permanent disability to the extent of 40%. The crush injury on her right arm necessitated surgery including skin grafting. Taking into consideration the serious nature of the injuries suffered, the expenses incurred by the appellant in the treatment and the life-long agony the appellant would have to face on account of the crush injury, we are of the opinion that the compensation of Rs. 57,000/-, awarded by the Tribunal, deserves to be suitably enhanced. ( 9. ) THE amount of Rs. 10,000/-, awarded by the Tribunal, for the medical expenses deserves to be enhanced to Rs. 15,000/ -. Similarly, the amount of Rs. 57,000/-, awarded by the Tribunal, deserves to be suitably enhanced. ( 9. ) THE amount of Rs. 10,000/-, awarded by the Tribunal, for the medical expenses deserves to be enhanced to Rs. 15,000/ -. Similarly, the amount of Rs. 5,000/- awarded towards pain and suffering is too low and deserves to be enhanced to Rs. 15,000/ -. The amount of Rs. 2,000/-, awarded towards loss of income in view of the prolonged period of treatment, deserves to be enhanced to Rs. 5,000/ -. With the above enhanced amount ofrs. 18,000/-under the above mentioned heads, the total sum of compensation of Rs. 57,000/-, awarded by the Tribunal, becomes Rs. 75. 000/ -. Thus the appellant is entitled to recover compensation of Rs. 75,000/from the respondents. ( 10. ) FOR the foregoing reasons the appeal is allowed in part. The amount of compensation of Rs. 57,000/-, awarded by the Tribunal, is enhanced to Rs. 75,000/- (Rupees Seventy five thousand only ). The enhanced amount of compensation shall carry interest at the rate of 6% per annum from the (late of the application. The Insurance Company is granted two months time to deposit the balance amount. There shall be no order as to costs of this appeal.