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Madhya Pradesh High Court · body

2005 DIGILAW 1202 (MP)

Pradeep Joshi v. Abbas Khan

2005-11-25

A.K.MISHRA, B.M.GUPTA

body2005
JUDGMENT Mishra, J. -- This appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 16.4.2001 passed by 1st MACT, Khaodwa, in claim case No. 29/2000. In an accident dated 13.12.1999 when claimant Pradeep Joshi was alighting the bus owned by MPSRTC and driven by Abbas Khan, it was started all of a sudden in rash and negligent manner due to which he fell down. Climant's legs were crushed in the rear wheel of the bus, he sustained fracture of femur and tibia and other injuries. He was taken to Khandwa and thereafter he was referred to Choithram hospital at Indore where he remained admitted for 10 days. Steel rods and plates were inserted to unite the bones, inspite of prolong treatment injuries have not been improved completely. He is unable to walk properly. He has incurred permanent disability. He was working in the Reliance Gas Agency, earning a sum of Rs. 3,000/- per month. Compensation of Rs. 8.70,000/- was claimed. Driver and MPSRTC in their separate written statement denied the averments made in the claim petition. The factum of accident was denied. Claimant was not travelling in the bus, had not paid any fare, thus they are not liable to make payment of compensation. The learned Claim Tribunal has found that 35-40% permanent disability has been incurred. The bus was driven by the driver in rash and negligent manner which was the cause of accident. The Claims Tribunal has awarded on account of permanent disability compensation of Rs. 40,000/- for physical pain and suffering a sum of Rs. 10,000/- has been awarded; on account of expenditure on treatment a sum of Rs. 45,000/- has been awarded; total compensation awarded is Rs. 95,000/- along with interest at the rate of 9(k per annum from the date of filing of claim petition. Shri Anil Lala, learned counsel for the claimant, has submitted that considering the nature of the permanent disability incurred, compensation awarded in the head of permanent disability and physical pain and suffering is inadequate compensation be suitably enhanced. Shri Sourabh Tiwari learned counsel for respondent. MPSRTC. has submitted that no case for interference is made out Disability Certificate of Medical Board has not been produced as such no interference in the impugned award in this appeal is called for. Shri Sourabh Tiwari learned counsel for respondent. MPSRTC. has submitted that no case for interference is made out Disability Certificate of Medical Board has not been produced as such no interference in the impugned award in this appeal is called for. Coming to the question of permanent disability incurred by the claimant in the accident it is clear that he has sustained fracture of femur and tibia of right leg. He was treated in Choithram Hospital at Indore and initial treatment was given at Khandwa. No doubt about it that certificate (A. 110) has been issued by Dr. Arju Wadhwani not by Mecial Board. He has opined that fractures have united the claimant was limping at the relevant time. Doctor has assessed the disability in the right leg to the extent of 40% and in the leg to the extent of 35%. It is apparent from the statement of Dr. A.N. Bajpai that though the percentage of the disability is to the aforesaid extent of each leg but he was unable to state what was the percentage of the disability of total body. He has stated that overall disability cannot be taken at 75% and there is possibility of improvement and reduction in the percentage of permanent disability. He has further admitted that percentage of disability has been reduced in the eleven month 01 treatment hut he has not stated how much disability has been reduced. Other Doctor, who has given certificate. Mr. Wadhwani has not been examined thus we find that though the permanent disability has been incurred to certain extent but its exact percentage has not been established and there was likelihood of further improvement as stated by the Doctor. We find that award of compensation of Rs. 40.000/- on account of permanent disability is on lower side. We enhance it instead of Rs. 40.000/- Rs.1 lac while we affirm the grant of Rs. 45.000- on account of medical expenses. We enhance the amount on account of physical pain and suffering from Rs.10,000/- to Rs. 15.000/-. We award a further sum of Rs. 10.000/- on account of special diet conveyance and attendant charges. We award thus: 1. On account of permanent disability Rs. 1.00.000/- 2. On account of medical expenditure Rs. 45.000/- 3. For physical pain and suffering Rs. 15.000/- 4. For special diet. Rs. 1 0.000/- Conveyance and attendant charges Total sum of Rs. 1.70.000/- (Rs. 10.000/- on account of special diet conveyance and attendant charges. We award thus: 1. On account of permanent disability Rs. 1.00.000/- 2. On account of medical expenditure Rs. 45.000/- 3. For physical pain and suffering Rs. 15.000/- 4. For special diet. Rs. 1 0.000/- Conveyance and attendant charges Total sum of Rs. 1.70.000/- (Rs. One lac seventy thousand) The compensation enahnced by us to carry interest at the rate or 69( per annum from the elate of filing of claim petition. Resultantly, appeal is allowed in part. Parties to bear their own costs as incurred.