Sonu S/o Shri Ram Sewak v. Mahendra Kumar S/o Shri Dhan Raj
2017-04-20
GOVERDHAN BARDHAR
body2017
DigiLaw.ai
JUDGMENT : Goverdhan Bardhar, J. The instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal (First), Jodhpur (for short 'the Tribunal') vide impugned judgment and award dated 26.06.2000 passed in Claim Case No. 26/1996, whereby compensation in the sum of Rs.14,000/- has been awarded in favour of the claimant/appellant. 2. Briefly stated the facts of the case are that on 16.08.1995 at about 10:30 pm in the night, Ramewak along with his wife and two sons Atul and Sonu were going to Madhuban Colony on his bicycle 23.06.1994. When they reached near Basni circle, a city bus bearing registration No.RJ-19-P-1341 coming from Basni side, being driven by respondent No.1 in a rash and negligent manner, hit the bicycle. Rambubu Singh, brother of Ramsewak took them to Gandhi Hospital. In the said accident, his son Atul and wife were died and Ramsewak and sonu sustained grievous injuries. At the time of accident, sonu was minor and was being represented by his natural guardian father Ramsewak. In the claim petition, it was stated that on account of rash and negligent driving on the part of the driver of the offending vehicle accident took place. 3. Non-claimant respondent No.1 submitted his reply and stated that a false claim was filed against him as the said accident was never taken place by the offending vehicle and prayed for dismissal of the claim petition. Non-claimant respondent No.2 filed his reply and stated that the accident was occurred due to the negligence of Ramsewak and not due to the negligence of the driver of the offending vehicle. The offending vehicle is insured with the Insurance Company. 4. Non-claimant respondent No.3-Insurance Company filed its reply denying the contents of the claim petition and stating that the accident was occurred due to the negligence of Ramsewak. At the time of accident, driver of the offending vehicle was not having the valid driving licence and hence prayed for dismissal of the claim. 5. The learned Tribunal on the basis of pleadings of the parties framed four issues. In support of his case, the appellant-claimant submitted oral and documentary evidence. In rebuttal, no evidence was adduced by the non-claimants respondents.
5. The learned Tribunal on the basis of pleadings of the parties framed four issues. In support of his case, the appellant-claimant submitted oral and documentary evidence. In rebuttal, no evidence was adduced by the non-claimants respondents. The learned Tribunal after hearing both the parties and taking into consideration entire facts of the case, vide its judgment and award dated 26.06.2000 awarded a compensation in the sum of Rs.14,000/- in favour of the claimant/appellant. Hence, this misc. appeal on behalf of the claimant/appellant through his natural guardian Ramsewak for enhancement of compensation. 6. Counsel for the claimant/appellant has submitted that the compensation awarded by the learned Tribunal is on the lower side and needs to be enhanced as claimed in the claim petition. At the time of accident, the appellant-claimant was two years old and in the accident he sustained various injuries in his person including fracture of tibia bone in left leg and he became permanently disabled in infant age. Hence, the impugned judgment and award deserves to be modified. 7. Per contra, the learned counsel for the respondent-Insurance Company has opposed the submissions advanced by the counsel for the claimant/appellant and submitted that the award passed by the learned Tribunal is just and proper and warrants no interference. 8. I have considered the submissions on behalf of the counsel for the parties and perused the impugned judgment/award as also material available on record more particularly X-ray report (Ex-17) and injury report (Ex-18) . 9. In this case, Ramsewak (PW-1) in his statement deposed that the claimant/appellant sustained various injuries in his person including head injury and fracture of tibia bone in left leg. He remained hospitalized for about ten days in Mathura Das Mathur Hospital and incurred Rs.10,000/- for his treatment and Rs.2,000/- for other expenditure. At the time of accident, the appellant-claimant was two years old and due to the said injury, he is not in a position to walk properly. 10. As per the injury report (Ex-18), the appellant/claimant sustained four injuries, out of which three injuries were simple in nature. For injury No.3, Doctor adviced for x-ray and as per x-ray report (Ex-17), there is fracture of tibia bone in left leg and reveals that the said injury is grievous in nature. The claimant has filed medical bill of Rs.120/- only. No certificate regarding disability was filed.
For injury No.3, Doctor adviced for x-ray and as per x-ray report (Ex-17), there is fracture of tibia bone in left leg and reveals that the said injury is grievous in nature. The claimant has filed medical bill of Rs.120/- only. No certificate regarding disability was filed. It was stated that Rs.10,000/- was incurred in his treatment. The learned Tribunal after taking into consideration the entire facts and circumstance of the case, awarded Rs.2,000/- for medical expenses, Rs.1,000/- for special diet, Rs.10,000/- for physical and mental agony and Rs.1,000/- for other expenses. In all, compensation of Rs.14,000/- was awarded to the claimant-appellant. 11. However, looking to the injuries sustained by the claimant and treatment, in the opinion of this Court, for three injuries which were simple in nature, the claimant is entitled to get Rs.1,000/- for each injury and for injury of fracture of tibia bone in left leg which was grievous in nature, the claimant is entitled to get Rs.15,000/-. Hence, in addition to the compensation awarded by the learned Tribunal, Rs. 18,000/- deserves to be enhanced with interest rate of 6% p.a. from the date of filing of the claim petition till its realization. Therefore, the impugned award needs to be modified and enhanced to the above extent. 12. In the result, this misc. appeal is partly allowed and the impugned judgment/award dated 26.06.2000 passed by the learned Judge, Motor Accident Claims Tribunal (First), Jodhpur in Claim Case No. 26/96 stands modified to the above extent. The appellant/claimant shall be entitled to get a sum of Rs.18,000/- in addition to compensation amount already awarded by the learned Tribunal along with interest @ 6% per annum from the date of filing of the claim petition till its realization.