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2012 DIGILAW 1151 (MP)

HEMANT SINGH v. VIJAY PRAKASH SONKAR

2012-11-06

N.K.MODY

body2012
JUDGMENT : N.K. Mody, J. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 1-12-2008 passed by Motor Accident Claims Tribunal, Indore, in Claim Case No. 279/2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,01,500/- 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 recorded in claimants 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 28 years at the time of accident, which took place on 3-3-2007. It is submitted that learned tribunal has awarded a sum of Rs. 3,01,500/-, breakup of which is as under : Towards medical expenses Rs . 2,42,000/- Towards loss of wages Rs . 7,500/- Towards special diet Rs . 6,000/- Towards pain and sufferings Rs . 10,000/- Towards attendant Rs . 4,000/- Towards attendant Rs . 2,000/- Towards permanent disability Rs . 30,000/- 4. Learned counsel for the appellant submits that the appellant sustained crush injuries in left leg. It is submitted that appellant was hospitalized where appellant was operated on four occasions. It is submitted that total expenditure towards medical expenses is of Rs. 3,34,000/-. It is submitted that the permanent dissability caused to the appellant was to the extent of 90% but the learned Tribunal assessed permanent disability of 25% and awarded only Rs. 30,000/-. It is submitted that appellant was hospitalized where appellant was operated on four occasions. It is submitted that total expenditure towards medical expenses is of Rs. 3,34,000/-. It is submitted that the permanent dissability caused to the appellant was to the extent of 90% but the learned Tribunal assessed permanent disability of 25% and awarded only Rs. 30,000/-. 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 Insurance Company 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 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. Permanent disability ought to have been assessed as 40% and income assessed ought to have been assessed as Rs. 3,200/- per month. Looking to the age multiplier ought to have been applied of 17. In my opinion it will be proper to enhance the compensation of Rs. 3,10,000/-. 7. In other words, in view of this, the claimant is held entitled for a total sum of Rs. 6,11,500/- by way of compensation for the injuries sustained by appellant in the accident. The enhanced amount of Rs. 3,10,000/- shall carry interest Co) 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 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. 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 with costs.