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2015 DIGILAW 2013 (RAJ)

Arjun Singh v. Faglu Ram

2015-12-04

VIJAY BISHNOI

body2015
JUDGMENT 1. - This civil misc. appeal has been filed by the appellant for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Sirohi (hereinafter referred to as 'the tribunal') vide judgment dated 8.5.2007 in MACT Original No.39/2006 whereby the tribunal has Awarded a compensation of Rs. 1,14,000/- to the appellant along with interest at the rate of 7.5% from the date of filing of the claim petition. 2. Learned counsel for the appellant has fairly conceded that so far as the challenge of the appellant to the computation of compensation under the heads of loss of income, expenses of attendants and medical expenses etc. are concerned, the same has not much merit, however, it is argued that the compensation awarded under the head of pain and suffering and mental agony in respect of injury of the ear is concerned, the same is inadequate. 3. Learned counsel for the appellant has argued that as per the injury report as well as the documents related to the treatment of the injury related to the ear is concerned, it is clear that the right ear of the appellant was pierced and his face has been disfigured and on account of that the appellant will have to suffer for whole of his life. He argued that despite the said fact that the right year of the appellant has permanently been damaged and disfigured, the tribunal has awarded only Rs. 43,000/- under the head of sufferings and pain and mental agony. He argued that the said amount under the head of sufferings and pain and mental agony is liable to be suitably enhanced. 4. Learned counsels appearing for the respondents have contended that the tribunal has rightly concluded the amount of Rs. 43,000/- under the head of pain and suffering and mental agony on the injury received on the right ear of the appellant. They argued that compensation awarded by the tribunal under the said head is not liable to be interfered with. 5. Heard learned counsel for the parties and perused the impugned award and also scanned the record. 6. The respondents are not disputing the factum of accident and are also not disputing the liability fastened upon them by the tribunal. The appellant is only aggrieved with the computation of award under the head of pain and sufferings and mental agony in relation to the injury on his right ear. 7. 6. The respondents are not disputing the factum of accident and are also not disputing the liability fastened upon them by the tribunal. The appellant is only aggrieved with the computation of award under the head of pain and sufferings and mental agony in relation to the injury on his right ear. 7. I have gone through the injury report Ex.5 produced before the tribunal. 8. As per the injury report Ex.5, the appellant received four injuries, out of those, three are multiple abrasions, however, the injury No. 4 is in relation to right ear and it is mentioned in the injury report that the same has been separated and crushed and attached to small skin tag at base of ear. The injury has also termed as grievous. 9. I have also perused the certificate of permanent disability Ex. 152 of the appellant wherein it is mentioned that the disfigurement of the ear is upto 15%. The photograph of the appellant is also available on record and from perusal of the same, it is clear that his right ear has totally been disappeared. 10. Having considered the above facts and circumstances of the case, I feel that looking to the injury received by the appellant on his right ear, compensation awarded to the appellant is less, hence, the same is liable to be enhanced. 11. In the result, the appeal is partly allowed. The compensation awarded by the tribunal under the head of pain and sufferings and mental agony for the injury on the right ear of the appellant is enhanced from Rs. 43,000/- to Rs. 53,000/-. The respondent No.3 - Insurance Company is directed to pay enhanced compensation of Rs. 10,000/- to the appellant within a period of three months from today. The enhanced compensation shall carry interest at the rate of 7.5% per annum from the date of filing of the claim i.e. 22.3.2006 till the date of deposit of the same before the tribunal. The compensation awarded by the tribunal under other heads shall remain same. The impugned award dated 5.8.2007 passed by the tribunal is modified accordingly/Appeal partly allowed. *******