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2012 DIGILAW 518 (PAT)

Parmeshwar Sah v. Jawaharlal Prasad

2012-03-26

RAKESH KUMAR

body2012
ORDER : Heard learned counsel for the appellant and Sri Sanjay Singh, learned counsel, who has appeared on behalf of Respondent no.2/ Oriental Insurance Company Ltd. /Insurer of the offending vehicle. 2. The appellant, who was driver of a truck, bearing Registration No.BR-05G-0848, has approached this Court by preferring the present appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation amount, which has been allowed vide Claim Case No. 46 of 2005 by JUDGMENT : dated 19th April, 2011 and Award dated 16.06.2011 by 7th Addl. District Judge-cum- Motor Vehicle Claim Tribunal, Motihari, East Champaran (hereinafter referred to as the “Claim Tribunal). 3. Short fact of this case is that on 23.01.2004, while the appellant was driving truck, bearing Registration No.BR-05G-0848 and reached Koderma Ghati, he met with an accident. The truck dashed with a rock since a cow suddenly came before the truck. In the said accident, the appellant received multiple injuries. Thereafter, he was treated at Sub Divisional Hospital, Koderma. In the said accident, his right leg got multiple fractures. During treatment, his right leg below the knee was amputated. The appellant, thereafter, filed a claim petition before the Claim Tribunal, which has been allowed. The Medical Board had granted certificate of disablement, which was to the extent of 70 %. The said certificate was brought on record before the Claim Tribunal and on the basis of said certificate as well as income of the appellant, which was Rs.1500 /- per month as per employer/owner of the offending vehicle, the total compensation amount, adopting multiplier of 17 since the appellant at the time of accident was of 35 years, had come to Rs.3, 06,000/-. Keeping in view the disablement of the appellant as 70 % the Claim Tribunal reduced the compensation amount to the extent of 70 % and, as such, the compensation amount had come to Rs.2,14,200/-. The claim tribunal further directed to pay Rs.15, 000/- as medical expenses incurred during the treatment as well as Rs.5000/- as pain and suffering. The total compensation amount, thereafter, was directed to be paid Rs.2, 34,200/- along with interest @ 7 % per annum. 4. The claim tribunal further directed to pay Rs.15, 000/- as medical expenses incurred during the treatment as well as Rs.5000/- as pain and suffering. The total compensation amount, thereafter, was directed to be paid Rs.2, 34,200/- along with interest @ 7 % per annum. 4. Learned counsel for the appellant submits that the appellant was a driver and after the accident, though the Medical Board has granted certificate of 70 % disablement, the appellant has been debarred to further drive the vehicle and, as such, he had suffered 100 % loss and the learned claim tribunal was not correct in reducing the compensation amount at par with the disablement of the appellant, which was 70 %. 5. Sri Sanjay Singh, learned counsel for the Respondent no.2/ Oriental Insurance Company Ltd. has opposed the prayer of the appellant, but he was not in a position to dispute the fact that being a driver in case of amputation of his right leg below the knee, the appellant was not in a position to further drive the vehicle. 6. In view of the facts and circumstances , the Court is of the opinion that the learned claim tribunal has committed error in reducing the amount of compensation , which was Rs.3,06,000/-, to Rs.2,14,2000/- in the light of 70 % disablement of the appellant. The Court is of the opinion that the appellant being a driver of the offending vehicle was entitled to get 100 % disablement benefit due to the simple reason that after amputation of his leg below the knee, it is difficult for the appellant to further drive the vehicle and, as such, compensation amount was not required to be reduced at par with the 70 % disablement. Sri Sanjay Singh, learned counsel for the Respondent no.2/ Oriental Insurance Company Ltd. submits that in compliance with the JUDGMENT : and Award of the Claim Tribunal, the total compensation amount of Rs.2, 34,200/- along with 7 % interest from the date of filing of claim petition has already been paid to the appellant. Sri Sanjay Singh, learned counsel for the Respondent no.2/ Oriental Insurance Company Ltd. submits that in compliance with the JUDGMENT : and Award of the Claim Tribunal, the total compensation amount of Rs.2, 34,200/- along with 7 % interest from the date of filing of claim petition has already been paid to the appellant. Accordingly, the JUDGMENT : and Award is modified to the extent that the appellant shall be entitled to get 100 % compensation amount i.e. 3, 06,000/- and, as such, the Respondent no.2/ insurer of the offending vehicle is required to pay the remaining amount i.e. Rs.91,800/- along with interest in terms of the JUDGMENT : and Award to the appellant. The said amount is to be paid within a period of two months from the date of receipt/production of a copy of this ORDER :. 7. The appeal stands allowed with above modification.