Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 1210 (MP)

Sattu v. Kailash

2011-10-21

N.K.MODY

body2011
ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 24.2.07 passed by II Additional Motor Accident Claims Tribunal, (Fast Track), Jaora in Claim Case No. 67/06. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,15,000/- 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 considertion 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 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 onwer/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 aged 24 years at the time of accident, which took place on 1.6.02. It is submitted that the appellant sustained grievous injuries. It is submitted that the appellant was hospitalized for one day at Ujjain, from where appellant was referred to Indore where appellant remained hospitalized for a period of one week, where right hand of the appellant was amputated below the elbow. It is submitted that learned Tribunal has awarded a sum of Rs. 3,15,000/-, breakup of which is as under:- Rs. 2,70,000/- Towards permanent disability. Rs. 12,000/- Towards loss of income. Rs. 13,000/- Towards future expectancy of life. Rs. 10,000/- Towards pain and sufferings. Rs. 10,000/- Towards special diet and travelling expenses. 4. It is submitted that learned Tribunal has awarded a sum of Rs. 3,15,000/-, breakup of which is as under:- Rs. 2,70,000/- Towards permanent disability. Rs. 12,000/- Towards loss of income. Rs. 13,000/- Towards future expectancy of life. Rs. 10,000/- Towards pain and sufferings. Rs. 10,000/- Towards special diet and travelling expenses. 4. Learned counsel for the appellant submits that the learned Tribunal committed error in assessing the permanent disability to the extent of 50%, which ought to have been 100%. It is submitted that even if it is assumed that the permanent disability was 50%, then too, on account of permanent disability after applying multiplier of 18 a sum of Rs. 3,24,000/- ought to have been awarded, which has wrongly been awarded by the learned Tribunal as Rs. 2,70,000/-. It is submitted that on account of medical expenses no amount has been awarded by the learned Tribunal. It is submitted that on other heads amount awarded by the learned Tribunal is on lower side and on number of heads no amount has been awarded. Learned counsel placed reliance on a decision of Hon'ble apex Court in the matter of Ramchandrappa v. The Manager, Royal Sundaram Aliance Insurance Company Ltd., 2011 AIR SCW 4787 wherein Hon'ble apex Court has held that compensation ought to be based on claimants loss of earning capacity or loss of particular faculty. Learned counsel further submits that in that case the appellant was working as Coolie and was earning Rs. 4,500/ - per month. It is submitted that Hon'ble apex Court held that since the appellant is unable to work as coolie or perform any other manual work permanently, therefore, a sum of Rs. 2,00,000/- was granted in addition to the amount granted by the learned Tribunal. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced. It is submitted that the appeal be allowed and the amount be enhanced. 5. Learned counsel for respondent No.3 submits that looking to the injuries sustained by the appellant the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. It is submitted that the appeal be dismissed. 6. I have gone through the evidence adduced by the claimant on the issue of injuries sustained by appellant. Learned counsel for respondent No.3 submits that looking to the injuries sustained by the appellant the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. It is submitted that the appeal be dismissed. 6. I have gone through the evidence adduced by the claimant on the issue of injuries sustained by appellant. From perusal of the record it is evident that while assessing the compensation on account of permanent disability learned Tribunal assessed the permanent disability to the extent of 50% and after assessing the income @ Rs. 3,000/- per month, multiplier of 18 has been applied, which comes to Rs. 3,24,000/- but the learned Tribunal awarded only a sum of Rs. 2,70,000/- on that account. So far as medical expenses is concerned, no amount has been awarded by the learned Tribunal. There no documentary evidence is on record to show that the appellant spent any amount on his treatment. However, keeping in view the injuries sustained by the appellant it can safely be said that the appellant must have spent money in his treatment. Similarly no amount has been awarded on account of expenses incurred on attenders and the amount awarded towards special diet alongwith transport expenses is on lower side, which deserves to be enhanced. In my opinion, it will proper to enhance the compensation. Appellant shall be entitled for the following amount : Rs.3,50,000/- Towards permanent disability. Rs. 15,000/- Towards loss of income during treatment. Rs. 10,000/- Towards pain and suffering. Rs. 5,000/- Towards special diet. Rs. 5,000/- Towards travelling expenses. Rs. 5,000/- Towards expenses incurred on attenders. Rs. 10,000/- Towards medical expenses. Rs.4,00,000/- Total 7. In other words, in view of this, the claimant is held entitled for a total sum of Rs. 4,00,000/- instead of Rs. 3,15,000/- by way of compensation for the injuries sustained by appellant in the accident. The enhanced amount of Rs. 85,000/- shall carry interest @ 8% p.a. 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% of the said amount on long term fixed deposit in the name of appellant in the nearest Nationalized 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 the appellant this condition could be modified by the learned Tribunal in exceptional circumstances, if made out by the appellant. 8. With the aforesaid modification the appeal stands disposed of. No order as to costs. B. S. Joshi for appellant; S. V. Dandwate for respondent No.3.