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2015 DIGILAW 1159 (MP)

Rahul v. Jitendra

2015-11-06

P.K.JAISWAL

body2015
ORDER 1. This appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an award dated 24.11.2014 passed by learned MACT, Dewas in Claim Case No.7 of 2014 whereby by the impugned award, the Claims Tribunal has awarded a total sum of Rs.48,000/- with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 17.8.2013. 2. Appellant had filed a claim petition under section 166 of the Motor Vehicles Act, seeking compensation. According to the appellant compensation awarded by the Tribunal is meager and deserves enhancement; however, by filing the appeal inadequacy of the compensation has been assailed. 3. 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 to pay compensation etc., because the Tribunal has already recorded the findings in favour of the appellant, none of those findings have challenged at the instance of the respondents, i.e., owner/driver/Insurance Company by filing cross objection or cross appeal. In that view of the matter it is not necessary to burden the judgment by detailing the facts on all these issues. 4. Shri Abhishek Rajurkar, learned counsel for the appellant submits that the injuries sustained by the appellant is grievous in nature. He has suffered fracture in his right leg and and also suffered injuries in his head, chest and other parts of his body. He was treated and admitted at various places. Counsel further submits that the compensation awarded by the learned Tribunal is inadequate without looking to the injuries sustained, damages as well as loss of income, expenses on treatment and in number of heads the amount has not been awarded or awarded on lower side, which is liable to be enhanced. 5. On the other hand Shri S.S. Chawla learned counsel appearing for the respondent/ Insurance Company submits that amount awarded is just and proper. He relied upon the findings recorded by the Claims Tribunal whereby it has been found that accident occurred due to negligence of driver of both the vehicles, therefore in such circumstances respondents No.1 and 2 are also liable to pay the compensation jointly and severally. 6. He relied upon the findings recorded by the Claims Tribunal whereby it has been found that accident occurred due to negligence of driver of both the vehicles, therefore in such circumstances respondents No.1 and 2 are also liable to pay the compensation jointly and severally. 6. As per para 23 of the impugned judgment, the compensation awarded by the learned Tribunal under the head of medical treatment is Rs.60,000/-, towards loss of income amounting to Rs.6,000/- special diet and conveyance amounts to Rs.15,000/-, and towards Pain and Suffering the learned Tribunal has awarded a sum of Rs.15,000/-, total compensation amounting to Rs.96,000/-. Learned Tribunal further deducted 50% on account of contributory negligence on the part of appellant and awarded a of sum of Rs.48,000/-. 7. After having heard learned counsel for the parties and on going through the evidence adduced to the injuries sustained and after taking into consideration the material available on record, it appears that the amount awarded by the learned Tribunal is on lower side and deserves enhancement. Thus, during the course of hearing and on taking note of the aforesaid considerations in my opinion the award passed by the Claims Tribunal deserves to be enhanced by Rs.64,000/-. 8. In view of the aforesaid, this appeal is allowed in part and the appellant is held entitled to receive total sum of Rs.64,000/- in addition to the amount of compensation already awarded by the Tribunal, without affecting the direction of the Tribunal regarding depositing the amount of compensation and liability. The enhanced amount i.e. Rs.64,000/- shall be paid equally by the respondents No.1 and 2 and respondent No.3 ( i.e. Rs.32,000/- by respondents No.1 and 2 and Rs.32,000/- by respondent No.3) along with interest @ 9% per annum from the date of application till its realization. In the facts and circumstances of the case parties are directed to bear their own costs. ................