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2012 DIGILAW 379 (RAJ)

Janardan Sharma v. Rajesh

2012-02-09

NISHA GUPTA

body2012
Hon'ble GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 30.4.2003 in MAC No. 74/1999. 2. The brief facts of the case according to claim petition are that on 24.5.1997, at about 9.00 a.m., the claimant - appellant was going on scooter from Mahal Cement Factory to Kotputli and when he reached in front of Ashotosh Cement Factory a jeep coming upon Kotputli, being driven rashly and negligently, hit him due to which he suffered grievous injuries. 3. Heard learned counsel for the parties and perused the record, specially the impugned judgment and award. 4. Much has been said in the memo of appeal but during the course of arguments, learned counsel for the appellant has submitted that he has suffered 425 permanent disability but a small amount of Rs. 42,000/- has been awarded for his permanent disability and hence it should be proportionately enhanced. 5. A bare perusal of the award goes to show that for permanent disability, Rs. 67,000/- have been awarded and further Rs.12,000/- have been awarded for fracture. Thus, Rs. 79,000/- have been awarded for permanent disability, which was suffered by the appellant. Hence, there is no need to increase the amount. 6. It was stated that the present appellant remained hospitalized for 89 days. Learned Tribunal has considered this fact and awarded a sum of Rs. 44,500/- for hospitalization and medical bill have also been ordered to be reimbursed. 7. It has been submitted by the learned counsel for the appellant that no amount has been awarded for pain and sufferings of the appellant. 8. Looking at the fact that the claimant-appellant remained hospitalized for a long period and that the medical bills go to show that he had to suffer a prolonged medication and for this nothing has been awarded, therefore, this Court deems fit to award a sum of Rs.20,000/- for pain and suffering suffered by the appellant. 9. Looking at the above, the appeal is partly allowed and the appellant is held entitled to get Rs. 20,000/- more for pain and suffer-ing in addition to the compensation awarded by the learned Tribunal. The appellant will also be entitled to get interest @ 7½% on Rs.20,000/- from the date of filing of this appeal till actual payment is made.