Judgment S.K.Gangele,J. ( 1. ) Appellant has filed this appeal against the award dated 12th December, 2001 passed by Sixth Additional Motor accident Claims Tribunal, Gwalior in Claim Application No. 12/2000, for enhancement of the amount of compensation. ( 2. ) On 14th December, 1999 the appellant was travelling in a Jeep from Mehgaon to Gwalior. When they reached near Bharat. Market, Malanpur, a dumper bearing registration No. MP-7-G-3334 driven rashly and negligently dashed the Jeep. In the aforesaid accident the jeep turned turtle and the appellant received serious injuries. A report of the accident was lodged at the police station and an offence was registered vide crime No. 188/99 under Sections 279, 337 and 338, IPC against the driver of the offending vehicle. The appellant was admitted at Chandak Hospital, Gwalior where he was operated and a rod was inserted in his left leg. As per appellant his injury was not cured and three operations were performed. There was shortening of his leg. ( 3. ) Subsequently, appellant filed a claim application before the Claims Tribunal claiming a total compensation of Rs. 6 lacs. The Claims Tribunal has held that the accident occurred due to rash and negligent driving of the dumper by the driver. The offending vehicle was insured by respondent No.3, Insurance Company and awarded a total compensation of Rs.1,45,000/-. ( 4. ) Learned Counsel for the appellant has submitted that the Claims Tribunal has not assessed the disability of the appellant properly and a proper compensation has not been awarded to the appellant. Contrary to this learned Counsel for respondent No.3, Insurance Company, has submitted that after assessing all the evidence on record a just and proper compensation has been awarded by the Claims Tribunal. ( 5. ) Appellant in his deposition stated that he had been travelling in a Commander Jeep. It was dashed by a dumper and in the aforesaid accident he suffered fracture injuries in his left leg. He was admitted in the hospital and an operation was performed at his left leg and a rod was inserted. Thereafter, he was again admitted in Chandak Hospital, Gwalior where again three operations were performed and another rod was inserted and a machine was fitted in the leg. Again on 2nd of November he was admitted in the hospital and remained admitted there for twenty days. There again a machine was fitted.
Thereafter, he was again admitted in Chandak Hospital, Gwalior where again three operations were performed and another rod was inserted and a machine was fitted in the leg. Again on 2nd of November he was admitted in the hospital and remained admitted there for twenty days. There again a machine was fitted. The doctor opined that the treatment of the appellant will continue for another one year. He further stated that appellant had been taking treatment on the date of deposition and he could not walk properly. Dr. Abhay Chandak, in his deposition stated that he treated the appellant. He was admitted in his hospital on 29th December, 1999. There was compound fracture of tibia and fibula of left leg. There was also infection. A ring fixater inserted and by operation skin grafting was also done. The appellant was in the hospital upto 10th February, 2000. There after, he was discharged from the hospital. On 6th May, 2000 ring fixater was removed and the appellant was under plaster cover. He was under plaster cover for nearly about two months. There after he was again admitted in the hospital on 11th October, 2000 and again a ring-fixater was fixed. He was discharged on 20th November, 2000. The doctor further stated that the appellant is still under treatment. Another doctor, Dr. S.N. Tripathi, in his deposition stated that he was working as PGSO Orthopedic, Civil Hospital, Morar. He examined the appellant and there was a chronic osteo-myelitis (Bone infection) to the appellant and there was shortening of his leg. The Medical Board had given a disability certificate to the appellant of 50% disability. He further stated that there was impaired bone of appellant and there was possibility of another operation of the appellant. There was also a shortening of leg of the appellant. The operation would cost nearly about Rs. 15,000/-. ( 6. ) From the above evidence of the doctor, who is a Government doctor, it is clear that there was shortening in the leg of the appellant. He suffered fracture injuries in the accident and even though it could not be cured after a period of two years. He was in continuous treatment of doctors. The appellant had been operated for three time in a private hospital. He filed medical certificates to this effect.
He suffered fracture injuries in the accident and even though it could not be cured after a period of two years. He was in continuous treatment of doctors. The appellant had been operated for three time in a private hospital. He filed medical certificates to this effect. The Government doctor also opined that further operation of the appellant will be necessary looking to his ailment. In these circumstances, in my opinion, it would be just and proper to enhance to total amount of medical expenses to Rs. one lakh towards treatment to the appellant. ( 7. ) The doctor further stated that there was shortening of the leg of the appellant and there was 50% disability to the appellant. Appellant was a young person at the time of accident. Due to the injuries suffered by the appellant in the accident his marriage prospects have also been adversely affected. Looking to the above facts of the case and the age of the appellant and nature of injuries and the fact that the Medical Board has issued a certificate of permanent disability to the appellant and also the fact that there is shortening of the leg of the appellant, in my opinion, it would be just and proper to award another amount of Rs. two lacs on the aforesaid facts. Hence, the appellant will be entitled to get a total compensation of Rs. three lacs. The Claims Tribunal has already awarded a compensation of Rs. 1,45,000/-. Hence, the appellant will be entitled to get an enhancement amount of compensation of Rs. 1,55,000/- (Rupees One Lakh and Fifty Five Thousand only). ( 8. ) Consequently, the appeal of the appellant is allowed to the extent that appellant will get an enhanced amount of compensation of Rs. 1,55,000/-(Rupees One Lakh and Fifty Five Thousand only) with interest @ 9% p.a. from the date of filing of the claim application till realization. Rest of the terms and conditions shall be the same as mentioned in the award of the Claims Tribunal. BHARAT