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Madhya Pradesh High Court · body

2012 DIGILAW 1212 (MP)

Prem Singh v. Karamat Ali

2012-11-26

N.K.MODY

body2012
ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 17.7.12 passed by Motor Vehicles Claims Tribunal, Badwani in Claim Case No. 67/11. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 5,67,000/- 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 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 40 years at the time of accident, which took place on 23.10.10. It is submitted that the appellant sustained grievous injuries. It is submitted that the appellant was hospitalized for a period of 20 days. It is submitted that learned Tribunal has awarded a sum of Rs. 5,67,000/-, breakup of which is as under: Rs. 50,000/- Towards permanent disability. Rs. 75,000/- Towards medical expenses. Rs. 4,32,000/- Towards loss of income. Rs. 2,000/- Towards special diet. Rs. 5,000/- Towards pain and sufferings. Rs. 1,000/- Towards travelling expenses. Rs. 2,000/- Towards expenses incurred on attenders. 4. Learned counsel for the appellant submits that the appellant sustained permanent disability to the extent of 65%. It is submitted that the learned Tribunal assessed loss of income @ 100% and after assessing the income @ 3,000/- per month, applied the multiplier of 12. Rs. 1,000/- Towards travelling expenses. Rs. 2,000/- Towards expenses incurred on attenders. 4. Learned counsel for the appellant submits that the appellant sustained permanent disability to the extent of 65%. It is submitted that the learned Tribunal assessed loss of income @ 100% and after assessing the income @ 3,000/- per month, applied the multiplier of 12. It is submitted that income of the appellant assessed by the learned Tribunal is on lower side. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned tribunal on all the heads 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. Keeping in view the permanent disability caused to the appellant, it appears that the income of the appellant assessed by the learned Tribunal is on lower side, which ought to have been Rs. 4,000/- per month. On other heads also amount awarded is on lower side. In my opinion it will be proper to enhance the compensation. The appellant is entitled for the following amount: Rs. 5,76,000/- Towards permanent disability. Rs. 75,000/- Towards medical expenses. Rs. 5,000/- Towards expenses incurred on attenders. Rs. 5,000/- Towards special diet. Rs. 5,000/- Towards transport expenses. Rs. 5,000/- Towards loss of income. Rs. 5,000/- Towards pain and sufferings. Rs. 6,76,000/- Total 7. In other words, in view of this, the claimant is held entitled for a total sum of Rs. 6,76,000/- by way of compensation for the injuries sustained by appellant in the accident. The enhanced amount of Rs. 1,09,000/- 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. This order shall be executable upon payment of proportionate court fees on the enhanced amount. The court fees be paid within 3 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 costs 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. 8. With the aforesaid modification the appeal stands disposed of.