ARUN MISHRA, J. ( 1 ) THIS appeal has been preferred by the claimant for enhancement of compensation aggrieved by award dated 24. 11. 2000 passed by the Third Additional m. A. C. T. , Damoh in Claim Case No. 35 of 1998. ( 2 ) IN an accident dated 6. 1. 1997 when the claimant was returning from Sagar to damoh in Maruti van (MP 04-J 2841) near hanuman Temple, Damoh, bus (MP 15-D 2017) dashed Maruti van. Bus was driven by Raju Pandey in a rash and negligent manner. The claimant and other persons travelling in Maruti van sustained injuries. They filed separate claim petitions. Claimant basant Kumar Purohit aged 43 years was working as Revenue Inspector and was earning a sum of Rs. 7,000 per month. He has incurred permanent disability and was deprived of obtaining salary during the course of treatment. The bus was owned by krishna Kumar Rai and insured with New india Assurance Co. Ltd. ( 3 ) THE owner and driver in their reply denied the averments made in the claim petition and contended that driver was not negligent, factum of accident was denied. Jaswant Singh was driving Maruti van in a rash and negligent manner and dashed the bus, hence they are not liable to make payment. In case there is any liability, as the vehicle was insured with New India Assurance co. Ltd. , liability is that of insurer to make the payment of compensation. ( 4 ) THE insurer in the reply contended that driver of the bus was not having valid and effective driving licence. But was plied in violation of terms and conditions of permit and policy of insurance, hence insurer is not liable to make indemnification. It is a case of contributory negligence, hence liability has to be shared by the driver, owner and insurer of Maruti van also. ( 5 ) LEARNED Claims Tribunal has found that driver of the bus was negligent and dashed Maruti van. The claimant Basant kumar Purohit had incurred disability to the extent of 50 per cent. He suffered multiple fractures, compensation of Rs. 89,000 has been awarded along with the interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation. The liability of the respondents has been held to be joint and several to make the payment of compensation.
He suffered multiple fractures, compensation of Rs. 89,000 has been awarded along with the interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation. The liability of the respondents has been held to be joint and several to make the payment of compensation. Dissatisfied with the quantum of award, this appeal has been preferred by the claimant for enhancement of compensation. ( 6 ) MR. J. A. Shah, the learned counsel appearing for the appellant has submitted that permanent disability to the extent of 50 per cent has been incurred in the accident. The claimant has spent a huge amount of rs. 1,00,000, there are vouchers on record which evince the payment of Rs. 10,932. He was treated in Jabalpur Hospital. Initially he was admitted in Government District hospital, Damoh, thereafter, he was admitted in Jabalpur Hospital, where he was treated for a considerable time. He has relied upon the discharge certificate. It is submitted that salary of Revenue Inspector has been taken at Rs. 1,500 per month whereas claimant Basant Kumar Purohit, CW 2, had stated that his salary was Rs. 7,000 per month at the time of accident. For 8 months the salary was not paid to him as he was unable to discharge the duty. He has further submitted that claimant has lost the chances of promotion owing to the disability of 50 per cent which has been incurred owing to malunion of the bone in the leg, hence compensation which has been awarded is inadequate, same be suitably enhanced. ( 7 ) MR. Ajit Agrawal, learned counsel appearing for insurer submitted that case for interference in this appeal has not been made out. The certificate of expenditure of approximately Rs. 1,00,000 is not supported by any vouchers. Merely on the basis of certificate that the approximate expenditure may be Rs. 1,00,000, the amount could not have been granted. The vouchers evince the expenditure of approximately Rs. 11,000. The salary certificate which has been filed for the first time in this appeal, which also indicates that salary inclusive of other allowances was Rs.
Merely on the basis of certificate that the approximate expenditure may be Rs. 1,00,000, the amount could not have been granted. The vouchers evince the expenditure of approximately Rs. 11,000. The salary certificate which has been filed for the first time in this appeal, which also indicates that salary inclusive of other allowances was Rs. 6,000, there is no reason to take it on record at the appellate stage, compensation which has been awarded is adequate as the claimant continues to be in service as Revenue Inspector of the Municipal council, Damoh, hence the case for enhancement is not made out. ( 8 ) WE find from documents on record regarding the treatment of the claimant that there was compound fracture of left femur. There are fractures of ribs also. There was contusion in the left lung. He was admitted in Jabalpur Hospital on 7. 1. 1997 and was discharged on 20. 2. 1997. He was initially admitted in Government District Hospital, damoh on 6. 1. 1997 and was discharged on the same date and was admitted in Jabalpur hospital on 7. 1. 1997, very next day. We also find on record, Exh. P2, the Medico legal Report evincing the various injuries caused to the claimant Basant Kumar Purohit. Disability certificate has been produced which shows permanent disability to the extent of 50 per cent. Dr. N. K. Patel, who has issued the said certificate of the Medical board has also been examined as CW 5, has stated that there was malunion of the bone below knee. Owing to the injuries he has assessed the permanent disability at 50 per cent. Two other doctors were also the members of the Board which has certified the disability, thus we find that the permanent disability to the extent of 50 per cent has been incurred by the claimant owing to the injuries sustained in the accident. We affirm the finding of the Claims Tribunal in this regard. ( 9 ) COMING to the question of compensation, we are not at all happy with the method and manner in which the learned claims Tribunal has proceeded. It has not at all discussed the nature of the injuries and has awarded a lump sum compensation. The claimant has stated that for 8 months he had to remain on leave for which he was not paid the salary.
It has not at all discussed the nature of the injuries and has awarded a lump sum compensation. The claimant has stated that for 8 months he had to remain on leave for which he was not paid the salary. He has further stated that his salary was Rs. 7,000 per month. We find that the learned Claims Tribunal has taken the salary of Revenue Inspector at rs. 1,500 per month which is on the lower side. Though the salary certificate was not filed before the court below, but statement was made in para 3 of examination-in-chief. He was not subjected to cross-examination with respect to the salary, however, salary certificate filed along with this appeal which has been issued under seal and signatures of C. M. O. , Municipal Council indicates that salary was Rs. 6,000 at the relevant time, thus we accept the salary at Rs. 6,000 as the certificate which has been filed is for lesser amount than claimed by the claimant in his examination-in-chief. Thus, we assess the salary as per the certificate at Rs. 6,000 per month. As for 8 months the claimant was unable to attend the duties, we find that he has incurred the loss of salary for 8 months at the rate of Rs. 6,000 per month, which comes to Rs. 6,000 x 8 = Rs. 48,000. In addition we award a sum of Rs. 11,000 for medical expenditure, which is supported by vouchers. We discard the certificate, Exh. P6, issued by Dr. Shrivastava in which it was opined that the claimant would have incurred approximate expenditure of about rs. 1,00,000 for his stay, nursing and other charges. Merely such a certificate cannot be said to be conclusive for the expenditure actually incurred. Expenditure has to be supported by vouchers, thus we award a sum of Rs. 11,000 for medical expenditure and we discard the certificate, Exh. P6. ( 10 ) THE claimant has incurred permanent disability of 50 per cent. He has stated that he was not promoted to the next higher post but he has not placed any document on record that any of his juniors was promoted and his case is ripe for consideration.
11,000 for medical expenditure and we discard the certificate, Exh. P6. ( 10 ) THE claimant has incurred permanent disability of 50 per cent. He has stated that he was not promoted to the next higher post but he has not placed any document on record that any of his juniors was promoted and his case is ripe for consideration. In the aforesaid circumstances, the above statement cannot be acted upon, however, it is clear that he has suffered 50 per cent permanent disability owing to malunion of the bone with which he has to live for rest of life, thus we find it proper to award compensation under the head of disability as inconvenience is going to be caused to the claimant for remaining part of his life owing to malunion of the bone in the leg below knee, a sum of Rs. 60,000 as the claimant continues to be in service as the Revenue inspector, is not in dispute. ( 11 ) NOW coming to the question of other expenditure incurred, we award under the head of special diet a sum of Rs. 6,000. At several times claimant had to come to Jabalpur from Damon in connection with the treatment we award a sum of Rs. 5,000 for conveyance expenditure, for expenditure on attendant during the period he remained admitted in Jabalpur Hospital from 7. 1. 97 to 20. 2. 1997, we award a sum of Rs. 5,000 and for physical pain and suffering we award a sum of Rs. 15,000. Thus total compensation comes to (i) on account of loss of earnings for 8 months Rs. 48,000 + (ii)on account of 50 per cent permanent disability rs. 60,000 + (iii) medical expenditure rs. 11,000 + (iv) special diet Rs. 6,000 + (v) conveyance expenditure Rs. 5,000 + (vi) expenditure on attendant Rs. 5,000 + (vii) on account of physical pain and suffering Rs. 15,000 = Rs. 1,50,000 (rupees one lakh fifty thousand ). The compensation enhanced by us to carry interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation. ( 12 ) RESULTANTLY, the appeal is allowed to the aforesaid extent. Parties to bear their own costs as incurred. Appeal allowed. .