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2016 DIGILAW 1022 (MP)

Shyam Lal Gupta v. Chet Ram

2016-11-10

ANJULI PALO

body2016
JUDGMENT : Anjuli Palo, J. Being aggrieved by the award dated 21st July, 2005 passed by the 1st Additional MACT, Katni in Claim Case No. 74/ 2005, this appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation in award. 2. The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 23,00,000/- for the injuries sustained by him. They reply tot he claim petition was filed and after recording the evidence the Tribunal has awarded the total sum of Rs. 20,000/-. The Tribunal believing the certificate of permanent disability recorded a finding as regard to the permanent disability in the left hand to the extent of 20% to pay the compensation in lump-sum. 3. Learned Counsel representing the appeal contends that looking to the injuries sustained by the appellant, its nature the certificate of permanent disability, percentage of disability as recorded by the Tribunal is on lower side commensurate to the future loss of earning on account of disability. The earning has been accepted on lower side and the multiplier has also not been properly applied for by awarding the future loss of earning and in other has like medical expenses, attendant charges, conveyance, special diet, mental pain and suffering, loss of wages during treatment, the amount so awarded is also inadequate. In view of the foregoing submissions, enhancement of the compensation so awarded by the Claims Tribunal is prayed for. 4. Heard learned Counsel for the appellant and perused the record. 5. I have gone through the evidence adduced by the claimant. After taking into consideration all the evidence on record it appears that the injuries sustained by the appellant were grievous in nature. The learned Tribunal awarded Rs. 20,000/- by taking into consideration the 20% disability sustained by the appellant in the left hand appears to be on lower side. In my opinion the appellant is entitled for a further sum of Rs. 60,000/- towards other pecuniary losses. In the facts and circumstances of the case the appellant shall be entitled further Rs. 40,000/- in addition to the compensation already granted by the Tribunal. 6. In view of the aforesaid, this Court has enhanced the compensation to Rs. 40,000/- and the same is payable in addition to the compensation already granted by the Tribunal. In the facts and circumstances of the case the appellant shall be entitled further Rs. 40,000/- in addition to the compensation already granted by the Tribunal. 6. In view of the aforesaid, this Court has enhanced the compensation to Rs. 40,000/- and the same is payable in addition to the compensation already granted by the Tribunal. The respondents shall deposit the enhanced amount of compensation i.e. Rs. 40,000/- with the Tribunal along with interest @ 6% per annum from the date of filing of the claim petition within a period of six weeks from the date of receipt of a copy of this order. The claimant is permitted to withdraw the entire amount that would be deposited by the respondents. 7. With the aforesaid, the appeal stands disposed off. No order as to costs.