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2008 DIGILAW 71 (MP)

Saurabh Shrivastava v. Sundar Singh

2008-01-15

S.A.NAQVI, SUBHASH SAMVATSAR

body2008
ORDER 1. This appeal is preferred by the claimant being aggrieved by award dated 5.8.2006 passed by First Additional Member Judge, Motor Accidents Claims Tribunal, District Vidisha in Claim Case No. 51/2005 whereby the Claims Tribunal has awarded a sum of Rs. 2,58,128/- towards compensation for the injuries sustained by the claimant/appellant Saurabh Shrivastava. 2. The brief facts of the case are that on 25.8.2004 at about 8 p.m. claimant Saurabh Shrivastava was driving a motorcycle bearing registration No. M.P. 40/B-A-4974. He was going from Mukherji Nagar to his house· at Rajiv Nagar. When he reached near Shahnai Garden a bus bearing registration No. M.P. 40/F-0004, which was driven by respondent No. 1 Sundar Singh, owned by respondent No.2 Gurucharan Singh and insured with respondent No.3 Insurance Company dashed against the motorcycle, which has resulted in serious injuries to the appellant. The left palm of the appellant was crushed under the wheel of the said bus. The claimant was a student of B.E. Part III of Electric Branch. He was 21 years of age at the time of accident and was unmarried. 3. Due to the injuries sustained by the appellant, his left hand has become permanently disabled, hence he filed the claim petition before the Claims Tribunal. The Claims Tribunal awarded a sum of Rs. 1,40,533/towards hospital expenses, Rs. 3,767/- towards bills of medicines, Rs. 5,828/- towards travelling allowances, Rs. 3,000/- towards special diet, Rs. 55,000/- towards pain and suffering and Rs. 50,000/- towards future medical expenses and inconvenience suffered by him. Thus, the Claims Tribunal has awarded a total sum of Rs. 2,58,128/- towards the compensation. 4. The contention of learned counsel for the appellant is that the amount awarded by the Claims Tribunal is too low, considering the nature of injuries sustained by the appellant. According to the counsel for the appellant as per the statement of Dr. M.L. Sharma, PW 3 the appellant has suffered 70-75% disablement and therefore, high amount of compensation should have been awarded to him. Ku. Vandana Kekre, counsel appearing for respondent No.3 Insurance Company on the other hand supported the impugned award and contended that the amount of compensation awarded by the Claims Tribunal is just and proper and does not require any interference. 5. Ku. Vandana Kekre, counsel appearing for respondent No.3 Insurance Company on the other hand supported the impugned award and contended that the amount of compensation awarded by the Claims Tribunal is just and proper and does not require any interference. 5. In the present case, it has come on record that the claimant was a student of B.E. Part III of electric Branch and the Claims Tribunal has not awarded any amount to the claimant towards loss of future earnings. The left palm of the appellant was crushed under the wheel of the offending bus and due to the crush his one hand has become permanently disabled and this will affect his future earnings capacity. At present the claimant is not earning member of the family but after passing B.E. examination the injuries sustained by him will definitely affect his earning capacity. Considering this fact we award a sum of Rs. 2,00,000/- to the claimant towards loss of future earnings. 6. So far as, medical expenses are concerned the Claims Tribunal has awarded a sum of Rs. 1,40,533/- on the basis of the actual bill and vouchers. The appellant alongwith IA 11518/07, an application under Order 41 Rule 27 CPC has filed certified bills and vouchers. It is stated in the application that after passing of the impugned award the appellant has to undergo an operation from Holy Family Hospital at Delhi for which he has incurred expenses of approximately Rs. 94,000/-. Certified copies of bills amounting to Rs. 27,076/-, 25,287/- and 22516/- are filed alongwith the application. Thus, it appears that appellant has spent Rs. 94,000/- towards medical expenses during the pendency of this appeal. Considering this fact we award another sum of Rs. 50,000/- towards bills of medicines, considering the fact that the Claims Tribunal has already awarded a sum of Rs. 50,000/- towards future medical expenses. The remaining amount awarded by the Claims Tribunal shall remain maintained. Consequently, appellant is entitled to get a total compensation of Rs. 2,00,000/- (towards future earning) + 50,000/ (towards future medical expenses) + 2,58,128/- (already awarded by the Claims Tribunal) = 5,08,128/- (Rs. Five lacs eight thousand one hundred and twenty eight only). 7. Consequently, appeal is partly allowed. The amount of award passed by the Tribunal is modified and the amount of compensation is enhanced from Rs. 2,58,128/- to Rs. 5,08,128/-. 2,00,000/- (towards future earning) + 50,000/ (towards future medical expenses) + 2,58,128/- (already awarded by the Claims Tribunal) = 5,08,128/- (Rs. Five lacs eight thousand one hundred and twenty eight only). 7. Consequently, appeal is partly allowed. The amount of award passed by the Tribunal is modified and the amount of compensation is enhanced from Rs. 2,58,128/- to Rs. 5,08,128/-. The enhanced amount of compensation shall carry interest at the rate of 6% per annum from the date of filing of appeal till realization. No order as to costs.