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Madhya Pradesh High Court · body

2005 DIGILAW 117 (MP)

Abdul Hafij Kha v. Bhuralal

2005-01-24

A.K.AWASTHY

body2005
Judgment ( 1. ) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the enhancement of the amount of Award dated 29-9-1998 in M. A. C. C. No. 295/1997 passed by learned IInd Additional Member of Motor Accident Claims Tribunal, Mandsaur, wherein the compensation of Rs. 30,000. 00 was provided to the appellant with interest @ 12% p. a. from the date of filing the claim petition. ( 2. ) THE case of the claimant is that on 3-11-1996 when he was going in a jeep to Ajmer, the Truck No. RJ 30-G-0045 driven rashly and negligently by respondent No. 1 collided with the jeep and the appellant has received the fracture of his right leg. That respondent No. 2 was the owner and respondent No. 3 was the insurer of the Truck. That the claimant is a school teacher and he was unable to join the duties for six months and he has incurred the expenses of Rs. 20,000. 00 in his treatment and as such the compensation of amount of Rs. 4,55,000. 00 be provided to him jointly and severally from the respondents. ( 3. ) RESPONDENT Nos. 1 and 2 remained ex parte and respondent No. 3 has alleged that the Insurance Company is not liable to pay the amount on account of the breach of the Insurance Policy as the driver was not having the valid licence to drive the Truck. ( 4. ) THE learned Tribunal after framing the issues and recording the evidence of the parties has held that the appellant was received the injury on account of the rash and negligent driving by the driver of the Truck and as such the appellant is entitled for the amount of Rs. 30,000. 00 with interest @ 12% p. a. from the date of filing of the petition for the claim. ( 5. ) THE appellant has prayed for the enhancement on the ground that the learned Tribunal has erred in rejecting the medical bills of Rs. 20,000. 00 and as such the amount of compensation be enhanced. ( 6. ) THE appellant is a school teacher and from the evidence on record it is clear that he was unable to attend the duties for the period of six months. The appellant has received the fracture which has resulted in his permanent disability to the extent of 19%. 00 and as such the amount of compensation be enhanced. ( 6. ) THE appellant is a school teacher and from the evidence on record it is clear that he was unable to attend the duties for the period of six months. The appellant has received the fracture which has resulted in his permanent disability to the extent of 19%. The medical bills (Exs. P-13 to P-27) were filed by the appellant to prove the expenses in the purchase of the medicine in his treatment. Looking to the extent of the disability received by the appellant and the fact that the appellant on account of the injury could not attend the duties for six months, it appears to be proper that he has incurred the medical expenses atleast of Rs. 14,000. 00. The learned Tribunal has provided only Rs. 4,000. 00 to the appellant for his medical treatment. There is no reason to disbelieve the oral testimony of the appellant which was given to prove the bills filed by him. Consequently, the claim needs to be enhanced by Rs. 10,000. 00. ( 7. ) CONSEQUENTLY, the appeal is partly allowed and it is ordered that the amount of Rs. 40,000. 00 be paid to the appellant. The enhanced amount of Rs. 10,000. 00 will carry the interest @ 6% p. a. from the date of the filing of the petition for the claim. Parties to bear their own costs of the appeal.