ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 28.7.2011 passed by 5th Additional Motor Accident Claims Tribunal, Indore, in Claim Case No. 22/2009 . By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 7,70,552/- 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 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 aged 45 years at the time of accident, which took place on 10.3.2009 in which appellant sustained grievous injuries. It is submitted that appellant was hospitalized for 112 days and permanent disability was to the extent of 80% , similarly the income tax returns which were filed by the appellant is of the year 2008-09, according to which the income of the appellant was Rs. 1,88,000/- per annum. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is grossly inadequate which deserves to be enhanced by allowing the appeal filed by the appellant. Break up of the amount awarded is as under:- Towards permanent disability Rs. 4,08,200/- Towards medical expenses Rs. 3,47,352/- Towards special diet and attendant Rs. 15,000/- Total Rs. 7,70,552/- 4.
Break up of the amount awarded is as under:- Towards permanent disability Rs. 4,08,200/- Towards medical expenses Rs. 3,47,352/- Towards special diet and attendant Rs. 15,000/- Total Rs. 7,70,552/- 4. Learned counsel for respondent No. 3/insurance company submits that the amount awarded is on higher side. The income tax returns were submitted after the accident and also it was the photo stat copies which was not relied upon. It is submitted that the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. The appeal has no merit and the same be dismissed. 5. From perusal of the record it appears that accident is of the year 2009 and the income assessed by the learned Tribunal is of Rs. 3,000/- per month which appears to be on lower side which ought to have been assessed as Rs. 4,000/- per month. The returns which were filed are of the year 2007-08 and 2008-09. The returns were filed in the Income Tax Department on 30.3.2010 i.e. after one year of the accident. No effort has been made by the appellant to file returns of previous years and no specific reason has been given why returns could not filed in time. In the circumstances it can safely be said that filing of return by appellant was an attempt to get higher amount of compensation. 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 on number of heads no amount has been awarded and on number of heads amount awarded is on lower side, which deserves to be enhanced. In my opinion it will be proper to enhance the compensation. The appellant is entitled for the following amount: Towards permanent disability Rs. 5,40,000/- Towards medical expenses Rs. 3,60,552/- Towards loss of income Rs. 25,000/- Towards pain and suffering Rs. 10,000/- Towards special diet Rs. 10,000/- Towards attenders expenses Rs. 10,000/- Total Rs. 9,55,552/- Thus, the total amount for which the appellant is entitled comes to Rs. 9,55,552/- instead of Rs. 7,70,552/-. 7. Thus, the enhanced amount of Rs. 1,85,000/- shall carry interest @ 8% p.a. from the date of application.
25,000/- Towards pain and suffering Rs. 10,000/- Towards special diet Rs. 10,000/- Towards attenders expenses Rs. 10,000/- Total Rs. 9,55,552/- Thus, the total amount for which the appellant is entitled comes to Rs. 9,55,552/- instead of Rs. 7,70,552/-. 7. Thus, the enhanced amount of Rs. 1,85,000/- 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. This order shall be executable upon payment of proportionate court fees on the enhanced amount. The court fees be paid within three months from the date of this order. Registry to prepare memo of costs. The appellants’ counsel shall provide certified copy of memo of costs to the counsel for Insurance Company. The Insurance Company thereafter shall deposit the enhanced amount with cost with the Tribunal within one month from the date of receipt of memo of Cost. Failure to comply with the aforesaid direction no interest would be payable on the enhanced amount from the date of order till the court fees is actually paid and memo of costs is supplied to counsel for Insurance Company. 9. With the aforesaid modification the appeal stands disposed of.