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Madhya Pradesh High Court · body

2009 DIGILAW 792 (MP)

Omprakash Khandelwal v. Rakshpal Singh

2009-07-09

S.K.GANGELE

body2009
Judgment S.K. Gangale, J. ( 1. ) Appellant-claimant has filed this appeal under Section 173 of the Motor Vehicles Act against the award dated 13th August, 2001 passed by Sixth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 16/98 for enhacement of compensation ( 2. ) On 4th September, 1997 the claimant had been going to his office on a scooter. At that time, he was dashed by a Tata 709 Mini truck, bearing registration No. UP-77- A3091. In the aforesaid accident claimant received serious injuries. A report of the accident was lodged at the Police Station Maharajpura. Police registered a criminal case against the driver of the Mini truck. The claimant was admitted at Military Hospital. Thereafter, he was referred to J.A. Hospital Gwalior. He was also treated at Military Hospital, Lucknow. ( 3. ) Claimant filed a claim application before the Claims Tribunal claiming a total compensation of Rs. 11,45,000/- The Claims Tribunal, after appreciation of evidence on record, has held that accident occurred due to rash and negligent driving by the driver of the Mini truck. The offending truck was insured at the relevant time by Insurance Company, respondent No.3, hence, the driver and owner of the offending Mini Truck and Insurance Company are jointly and severally liable for payment of compensation. After considering the nature of injuries suffered by the claimant, the Claims Tribunal awarded a compensation of Rs. 34,000/- to the claimant. ( 4. ) Learned counsel for the appellant- claimant has submitted that the Claims Tribunal has not considered the nature of injuries suffered by the claimant properly. There was permanent disability to the claimant-appellant, hence compensation awarded by the Claims Tribunal is liable to be enhanced. Contrary to this, learned counsel for Insurance Company, respondent No.3, has submitted that there was no permanent disability to the claimant - appellant. He is still in service and he is attending his duties. The Claims Tribunal has considered all the aspects of the case and awarded a just and proper compensation. ( 5. ) The claimant-appellant in his evidence before the Claims Tribunal deposed that in the year 1997 he had been working at Air Force, Maharajpura. On 4th September, 1997 at around 6:30 Oclock in the morning he had been going to attend his duties on a scooter. ( 5. ) The claimant-appellant in his evidence before the Claims Tribunal deposed that in the year 1997 he had been working at Air Force, Maharajpura. On 4th September, 1997 at around 6:30 Oclock in the morning he had been going to attend his duties on a scooter. When he reached near Deendayal Nagar the scooter was dashed by a Mini Truck bearing No. UP-77-A-3091. In the aforesaid accident he received serious injuries over his face and right hand and other parts of body. A report of the accident was lodged at the police station. He was admitted at Air Force Maharajpura Hospital. Thereafter, he was referred to Military Hospital, Morar. Thereafter, he was referred to J.A. Hospital because at that time he was unconscious and he received serious injuries, hence he was admitted in Neurology Ward at J.A. Hospital on 4th September, 1997. He was discharged on 20th September, 1997 from J.A. Hospital. Thereafter he was again admitted at Military Hospital, Morar and discharged on 21st October, 1997 and further admitted in the Military Hospital, Morar on 21st November, 1997. Thereafter, because there was fracture in his jaw he was referred to Military Hospital, Lucknow and in the aforesaid Hospital two operations were performed of his jaw. Thereafter, he was discharged from Military Hospital Lucknow on 9th December 1997. He further stated that his five teeth had been broken. There was fracture in his jaw and also there was fracture injury in his right hand. Due to aforesaid injuries there is a shortening in his right hand and he could not lift weight from his right hand. Due to aforesaid injuries his further promotion would be affected. ( 6. ) Dr.CJ. Gaikwad (A.W.2) in his evidence stated that he examined the claimant on 11th July, 2001 at Madhav Dispensary, Gwalior and found that he faced a road accident is September, 1997. Thereafter he was treated at Military Hospital, Morar and thereafter claimant was treated at Neurosurgery Department at Jayarogya Hospital. After examination he found that it was not possible to him to bent his right hand properly and even though there was problem to claimant to fold his fingers completely and after measuring length of humerous bones of both hands he found that length of humerus bone of left hand was 32 cm. and right hand 30 cm. After examination he found that it was not possible to him to bent his right hand properly and even though there was problem to claimant to fold his fingers completely and after measuring length of humerous bones of both hands he found that length of humerus bone of left hand was 32 cm. and right hand 30 cm. Hence, there was shortening of humerous bone of right hand 2 cm. The doctor opined that there was 60% permanent disability to the claimant. Except the aforesaid witnesses no other witness has been examined. ( 7. ) The claimant has filed prescriptions and admission slips and discharge-tickets of J. A. Hospital, Military Hospital Morar and, Military Hospital, Lucknow. From discharge-tickets of Hospitals it is clear that the claimant - appellant received injuries in his right hand and there was fracture in his jaw and five teeth of the claimant appellant have been broken. There was also fracture in his right hand and as per the doctor there was shortening by 2 cm. of humerous bone of right hand of the claimant - appellant. Because the claimant is serving in Ai Force, in such circumstances, certainly future promotions of the claimant - appellant will affect adversely. Because the claimant - appellant has suffered injuries and he was under treatment in various hospitals, in such circumstances, in my opinion, it would be just and proper that a compensation of Rs. 20,000/- (Rupees Twenty Thousand only) be awarded towards pain and suffering. The Claims Tribunal has awarded a compensation of Rs. 25,000/- for partial disability, however, looking to the nature of the injuries and the fact that there was shortening of right hand humerous bone, in my opinion, it would be just and proper to award a compensation of Rs. 1,00,000/- (Rupees One Lac only) towards permanent disability and another Rs. 20,000/- (Rupees Twenty Thousand only) towards treatment because the claimant - appellant was admitted in various hospitals although he had not incurred any expense in the treatment, but, he was on leave from duties. Hence, the claimant - appellant is entitled to get a total compensation of Rs. 1,40,000/- (Rupees One Lac and Forty Thousand only). The Claims Tribunal has already award a compensation of Rs. 34,000/- Hence, the claimant - appellant is entitled to get an enhanced compensation of Rs. Hence, the claimant - appellant is entitled to get a total compensation of Rs. 1,40,000/- (Rupees One Lac and Forty Thousand only). The Claims Tribunal has already award a compensation of Rs. 34,000/- Hence, the claimant - appellant is entitled to get an enhanced compensation of Rs. 1,06,000/- (Rupees One Lac Six Thousand only), which shall carry interest at the rate of 9% per annum from the date of filling the claim application till realisation. Rest of the terms and conditions shall be the same was fixed by the Claims Tribunal. No order as to cost.