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2017 DIGILAW 1115 (RAJ)

Prakash S/o Shri Babu Ram v. Arjun Das S/o Janki Das

2017-05-01

GOVERDHAN BARDHAR

body2017
ORDER : Goverdhan Bardhar, J. 1. The instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant through his natural guardian father Babu Ram for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Abu Road (for short 'the Tribunal') vide impugned judgment and award dated 10.06.2008 passed in Claim Case No. 84/2004, whereby compensation in the sum of Rs.11,000/- has been awarded in favour of the claimant/appellant. 2. Succinctly stated, the facts of the case are that the natural guardian of appellant Prakash filed a claim petition before MACT, Abu Road with the averments that on 04.05.2004 his son Prakash was taking bath in Goomti River, at that time respondent No.1, who was driving car bearing No.RJ19-T-0873 rashly and negligently, lost the control over the car, due to which car turtled into the river, over the appellant Prakash, consequent to which he sustained simple and grievous injuries. 3. Respondent No.1 filed reply stating that the accident was not occurred due to his negligence and prayed for dismissal of claim against him. Respondent No.2 remained absent and ex-parte proceedings were initiated against him. 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 the appellant himself. At the time of accident, the driver of the offending vehicle was not having a valid licence, therefore, the respondent Insurance Company is not at all liable to pay compensation and hence prayed for dismissal of the claim. 4. The learned Tribunal on the basis of pleadings of the parties framed five issues including the issue of relief. 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 10.06.2008 awarded a compensation in the sum of Rs.11,000/- in favour of the claimant/appellant. Hence, this misc. appeals on behalf of the claimant/appellant for enhancement of compensation. 5. 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. Hence, this misc. appeals on behalf of the claimant/appellant for enhancement of compensation. 5. 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. In the accident, the appellant sustained fracture of femur bone of his right leg due to which he became 10% permanent disable. Hence, the impugned judgment and award deserves to be modified. 6. 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. 7. I have considered the submissions on behalf of the counsel for the parties and perused the impugned judgment/award as also material available. 8. As per Exhibit-3 injury report, the claimant/appellant sustained one simple and one grievous injury in the accident. Exhibit-4 is x-ray report of the claimant/appellant which reveals fracture of femur bone. Further, the claimant/appellant has not produced any medical bill regarding his treatment. Permanent disability certificate has been produced before the learned Tribunal as Exhibit-8 in which the claimant/appellant has suffered 10% disability. But in Exhibit-8 it has not been mentioned whether the disability suffered by the claimant/appellant is permanent disability or not. Exhibit-8 further reveals that the claimant/appellant was treated at a private hospital. It is not in dispute that at the time of accident, the claimant/appellant was about 8 to 10 years old and as per injury report Ex-3 he sustained one simple and one grievous injury, for that he has to suffer for a long time. 9. The learned Tribunal after taking into consideration the entire facts and circumstance of the case, awarded Rs.5,000/- for grievous injury, Rs.1,000/- for simple injury and Rs.5,000/- for fracture of femur bone. In all, compensation of Rs.11,000/- was awarded to the claimant/appellant. 10. However, looking to the age of the claimant/appellant, nature of the injuries sustained by the claimant and the fact that due to the injuries, the claimant/appellant was to suffer for long time, in the opinion of this Court, the claimant/appellant is entitled to get an additional compensation of Rs.30,000/-. In all, compensation of Rs.11,000/- was awarded to the claimant/appellant. 10. However, looking to the age of the claimant/appellant, nature of the injuries sustained by the claimant and the fact that due to the injuries, the claimant/appellant was to suffer for long time, in the opinion of this Court, the claimant/appellant is entitled to get an additional compensation of Rs.30,000/-. Hence, in addition to the compensation awarded by the learned Tribunal, Rs.30,000/- deserves to be enhanced with interest at the rate of 9% 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. 11. In the result, this misc. appeal is partly allowed and the impugned judgment/award dated 10.06.2008 passed by the learned Judge, Motor Accident Claims Tribunal, Abu Road in Claim Case No.84/2004 stands modified to the above extent. The appellant/claimant shall be entitled to get a sum of Rs.30,000/- in addition to compensation amount already awarded by the learned Tribunal along with interest @ 9% per annum from the date of filing of the claim petition till its realization.