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2005 DIGILAW 966 (MP)

SUKHLAL v. SUCCHASINGH

2005-09-12

A.K.TIWARI, A.M.SAPRE

body2005
A. M. SAPRE, A. K. TIWARI, JJ. ( 1 ) THIS is an appeal filed by the appellant under section 173 of the Motor Vehicles Act against the award dated 26. 3. 2004 passed by the learned second Member, Motor Accidents Claims tribunal, Indore in Claim Case No. 119 of 2001. By filing this appeal the claimant wants enhancement in the compensation awarded by the learned Member of the tribunal, as according to the claimant it is on lower side. So, the question that arises for consideration in this appeal is whether any case for further enhancement in the compensation is made out, than what has been actually awarded by the Tribunal to the claimant and if so to what extent? ( 2 ) HEARD Mr. Sameer Verma, learned counsel for the appellant and Mr. V. P. Khare, learned counsel for the respondent insurance company. ( 3 ) THIS is an injury case. The claimant (appellant herein), aged about 65 years, was engaged in some business activity, sustained injury in a motor road accident on 9. 5. 2000. This led to filing of claim petition, out of which this appeal arises for claiming compensation for the injuries sustained by claimant. On being noticed, the driver/owner and the insurance company contested the matter. In the opinion of the learned Member of the Tribunal, claimant was held entitled to claim compensation amounting to Rs. 65,000 for the injuries sustained by him. A sum of Rs. 40,000 was awarded for the medical expenses, whereas a sum of Rs. 20,000 was awarded towards the disability suffered on account of injuries sustained by the claimant. A sum of Rs. 3,000 towards loss of income and Rs. 2,000 was awarded towards special diet. This is how a total sum of Rs. 65,000 was awarded. It is this determination which is sought to be challenged by the claimant in this appeal, contending, inter alia, that the same has been awarded on lower side. ( 4 ) WE have gone through the evidence adduced by the parties and especially in respect of the injury sustained by claimant and the medical expenses incurred. The doctor has certified disability suffered to the extent of 40 per cent in the leg, because claimant had suffered fracture in the leg. ( 4 ) WE have gone through the evidence adduced by the parties and especially in respect of the injury sustained by claimant and the medical expenses incurred. The doctor has certified disability suffered to the extent of 40 per cent in the leg, because claimant had suffered fracture in the leg. Taking in account the fact that the claimant was required to undergo medical treatment for a long time and also taking into account the extent of disability suffered by claimant, in our opinion, a sum of Rs. 1,00,000 as lump sum would be total compensation which can be required to be a reasonable, adequate and proper compensation payable to the claimant, having regard to facts and circumstances of the case. We have arrived at this figure after taking into account all material factors required for the purpose of determining the compensation in injury cases. ( 5 ) ACCORDINGLY and in view of the aforesaid discussions, this appeal succeeds and is hereby allowed in part. Compensation is increased by way of enhancement from rs. 65,000 to Rs. 1,00,000. The enhanced amount shall carry interest at the rate of 6 per cent from the date of application till realisation. All other findings, such as, the nature of accident, extent of liability, etc. , are not under challenge, hence are upheld. Counsel's fee Rs. 1,500, if certified. Appeal partly allowed. .