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2010 DIGILAW 367 (MP)

Vasana v. Door Singh

2010-03-26

N.K.MODY

body2010
JUDGMENT :- N.K. Mody, J. 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 7.8.2008 passed by Additional Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 112 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,98,200 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded, and if so, to what extent? 2. It is not necessary to narrate the entire facts in detail, such as how the accident had occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 3. Learned counsel for the appellant submits that appellant was an agriculturist aged 30 years at the time of accident, which took place on 25.3.2006. It is submitted that appellant sustained grievous injuries on various parts of the body. It is submitted that appellant sustained fracture in right leg. It is submitted that appellant was hospitalised initially at Jhabua, thereafter, at Dahod in Gujarat State and lastly at Badoda. It is submitted that appellant sustained 51.9 per cent permanent disability. It is submitted that appellant is not in a position to do any work himself. It is submitted that learned Tribunal has awarded a sum of Rs. 1,98,200, break-up of which is as under: Towards medical expenses Rs. 76,500 Towards transport expenses Rs. 4,200 Towards permanent disability Rs. 1,02,000 Towards expenses on attendants Rs. 5,000 Towards pain and suffering Rs. 5,000 Towards dressing Rs. It is submitted that learned Tribunal has awarded a sum of Rs. 1,98,200, break-up of which is as under: Towards medical expenses Rs. 76,500 Towards transport expenses Rs. 4,200 Towards permanent disability Rs. 1,02,000 Towards expenses on attendants Rs. 5,000 Towards pain and suffering Rs. 5,000 Towards dressing Rs. 5,500 Total Rs. 1,98,200. 4. Learned counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side. It is submitted that the assessed income of appellant is on lower side. It is submitted that on various heads, no amount has been awarded, and on various heads, amount awarded is on lower side. It is submitted that amount be enhanced. 5. Learned counsel for respondent No.3 submits that the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. 6. Appellant is present in court along with two attendants. Appellant is not in a position to move independently. From perusal of the record and personal appearance, it appears that appellant is not in a position to live independently and appellant is completely dependent on others. So far as the income of appellant is concerned, it was assessed Rs. 2,000 per month which appears to be on lower side as the accident is of the year 2006. The income ought to have been Rs. 2,500 per month. So far as dependency is concerned, looking to the injuries sustained by appellant, appellant is entitled to 100 per cent compensation on account of permanent disability. After taking into consideration all the facts and circumstances of the case, the appellant is entitled for following enhancement: Towards permanent disability Rs. 4,08,000 Towards medical expenses Rs. 76,500 Towards pain and suffering Rs. 25,000 Towards transport expenses Rs. 15,000 Towards expenses on attendants Rs. 15,000 Towards medical bills Rs. 50,000 Total Rs. 5,89,500. 7. In the opinion of this court, it will be proper to enhance the compensation by Rs. 3,91,300. In other words in view of this, the claimant is held entitled for a total sum of Rs. 5,89,500 by way of compensation for the injuries sustained by appellant in the accident. The enhanced amount of Rs. 3,91,300 shall carry interest at the rate of 8 per cent per annum from the date of application. 3,91,300. In other words in view of this, the claimant is held entitled for a total sum of Rs. 5,89,500 by way of compensation for the injuries sustained by appellant in the accident. The enhanced amount of Rs. 3,91,300 shall carry interest at the rate of 8 per cent per annum from the date of application. The amount awarded shall be deposited by the insurance company with the learned Tribunal and the learned Tribunal is directed to invest 80 per cent of the said amount on long-term fixed deposit in the name of appellant in the nearest nationalised bank, in the area where the appellant is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of appellant, which shall be opened by the appellant from where appellant can withdraw the amount as per his needs. However, on an application by appellant, this condition could be modified by the learned Tribunal in exceptional circumstance, if made out by the appellant. 8. With the aforesaid modification the appeal stands disposed of. No order as to costs.