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2006 DIGILAW 57 (UTT)

Subhash Chand Joshi v. Mahesh Chandra Joshi

2006-02-25

PRAFULLA C.PANT, R.GUPTA

body2006
JUDGMENT Rajeev Gupta, C.J. 1. On due consideration, application for the condonation of delay 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. The appellant Subhash Chandra Joshi is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal/ District Judge, Pithoragarh vide Award dated 5th August, 2003 passed in Motor Accident Claim Case No. 214 of 2000. 3A. The claimant Subhash Chandra Joshi claimed compensation of Rs. 4,60,000 for the injuries sustained by him in the motor accident on 14th December, 1998 when bus No. U.P. 01-2111 in which he was travelling met with an accident due to rash and negligent driving of its driver resulting in serious injuries to the claimant leading to the amputation of his right foot. The claimant further pleaded that he was working as a Chawkidar in Junior High School and on account of the injuries and amputation it had become difficult for him to perform his duties. 4. The owner and the insurer of the bus contested the claim and disowned their liability to pay compensation to the claimant on the plea that the accident occurred due to technical fault in the bus. The Insurance Company took the further plea that the bus was being plied in breach of the policy conditions and the driver of the bus was not holding a valid driving licence. 5. The Tribunal on the evidence led by the parties held that the claimant sustained injuries in the accident; the accident occurred due to rash and negligent driving of the driver of the bus; and the Insurance Company of the bus was liable to pay the compensation to the claimant. 6. Considering the nature of the injuries sustained by the claimant and the amount spent on the treatment, the Tribunal awarded Rs. 80,000 as compensation to the claimant for the injuries sustained by him in the accident. The Tribunal awarded interest @ 9% per annum from the date of the application (6th December, 2000). 7. Mr. Deepak Rawat, learned Counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs. 80,000 as compensation to the claimant for the injuries sustained by him in the accident. The Tribunal awarded interest @ 9% per annum from the date of the application (6th December, 2000). 7. Mr. Deepak Rawat, learned Counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs. 80,000 only, though the claimant suffered amputation of his right foot on account of the injuries sustained by him in the accident leading to 40% permanent disability and had to spend substantial amount on his treatment. 8. Mr. D.S. Patni, learned Counsel for the second respondent-United India Insurance Company on the other hand supported the Award and contended that the compensation of Rs. 80,000 awarded by the Tribunal is just and reasonable. 9. The findings recorded by the Tribunal that the claimant Subhash Chandra Joshi sustained injuries in the accident and the accident occurred due to rash and negligent driving of the bus have now attained finality as none of the respondents have filed any appeal challenging the award. 10. Claimant Subhash Chandra Joshi suffered permanent disability to the-extent of 40% on account of the injuries sustained by him in the accident leading to the amputation of his right foot is established from record. True, the appellant-petitioner is continuing in Government service and getting the same salary but the fact remains that he had to suffer physical pain and mental agony on account of the injuries suffered in the accident and the amputation of his right foot. It is also not in dispute that on account of amputation of his right foot, he has become handicapped for rest of his life. In the above context, we have no manner of doubt that the compensation of Rs. 80,000 awarded by the Tribunal is on the lower side and deserves to be enhanced suitably. In our considered view a sum of Rs. 1,50,000 would be just and reasonable compensation to the claimant for the injuries sustained by him in the accident leading to amputation of his right foot and the amount spent on treatment. 11. For the foregoing reasons, the appeal filed by the claimant under Section 173 of the Motor Vehicles Act is allowed in part and the compensation of Rs. 80,000 awarded by the Tribunal is enhanced to Rs. 1,50,000. 11. For the foregoing reasons, the appeal filed by the claimant under Section 173 of the Motor Vehicles Act is allowed in part and the compensation of Rs. 80,000 awarded by the Tribunal is enhanced to Rs. 1,50,000. The enhanced amount of compensation shall carry interest @ 6% per annum from the date of application (6th December, 2000). No order as to costs.