Research › Search › Judgment

Madhya Pradesh High Court · body

2006 DIGILAW 600 (MP)

Dinesh v. Kanhaiyalal

2006-04-26

DIPAK MISRA, R.S.JHA

body2006
ORDER Misra, J. -- 1. Mr. Anil Lala, learned counsel appearing for the claimant-appellant, a young man in his meets twenties, questioning the correctness of the award, submits that when the statue, namely Motor Vehicles Act, 1988 (for brevity 'the Act') postulate the concept of grant of just compensation, it was not appropriate on the part of the Motor Accidents Claims Tribunal, Khandwa (in short 'the Tribunal') to pass an award for a sum of Rs. 91,700.00 in Claim Case No. 27/2004 after categorically coming to the conclusion that the insured has suffered 60% permanent disability because of amputation of the right palm. 2. We need not state the facts in detail inasmuch as there is no disputation that the insured sustained the aforesaid injury being hit by the tractor bearing registration No. MP-12-D/1738 being rashly and negligently driven by the driver of the offending vehicle and further that the treatment for more than a month was given and eventually the palm had to be severed. Mr. Lala, learned counsel for the appellant submits that the severance of limb has entailed in the lament of the injured but as it seems, the Tribunal has failed to take note of the factum pertaining to the loss caused, the effect ensued relating to quality of life, the handicap faced by the insured, the amount spent on medical treatment, the mental pain and suffering of the injured and other concomitant factors and has granted compensation for a meager sum. 3. Mrs. Amrit Ruprah, learned counsel appearing for the Insurer, could only submit that the Tribunal has recorded a finding that there is possibility of reduction of permanent disability as the insured can get an artificial limb fixed and make the hand functional. 4. On a careful perusal of the award, it is evident that finding has been recorded that the claimant had spent more than Rs. 3,000/- on medical expenses. Rs. 10,000/- has been awarded towards the future treatment. A sum of Rs. 3,000/- has been granted towards pain and suffering, Rs. 7,600/for loss of income. Thus, in toto, the Tribunal has granted a sum of Rs. 91,700/- to the claimant-appellant. 5. Regard being had to the submissions raised by at the Bar, we are of the considered opinion that the Tribunal has failed to determine the amount expended on the treatment, special diet and transportation. 7,600/for loss of income. Thus, in toto, the Tribunal has granted a sum of Rs. 91,700/- to the claimant-appellant. 5. Regard being had to the submissions raised by at the Bar, we are of the considered opinion that the Tribunal has failed to determine the amount expended on the treatment, special diet and transportation. In our considered opinion, when the claimant remained admitted in the hospital for more than five weeks the amount spent on treatment, special diet, attendant and other concomitant factors has to be quite high. According to us, the just amount on these scores should be Rs. 40,000/- and we so determine. As far as pain and suffering is concerned; we are inclined to fix the same at Rs. 20,000/-. As far as future treatment is concerned, the appropriate amount that should be granted in a case of this nature should be Rs. 20,000/-. As regards permanent disability is concerned, considering the cumulative effect of the entire situation and including the loss of income that has been sustained, the age of the insured, the quality of the life that he is going to have in future, we are inclined to determine the same at Rs. 1,20,000/-. Thus, in toto, the amount of compensation would come to Rs. 2,00,000/-. The enhanced sum shall carry interest at the rate of 6% per annum from the date of presentation of the application before the Tribunal. The enhanced sum alongwith interest be deposited before the Tribunal within a period of three months from date of receipt of the order passed today. 6. The miscellaneous appeal is allowed to the extent indicated above. There shall be no order as to costs.