Research › Search › Judgment

Madhya Pradesh High Court · body

2017 DIGILAW 418 (MP)

Jagdish v. Rajendra

2017-03-28

P.K.JAISWAL, VIVEK RUSIA

body2017
ORDER : Mr. P.K. Jaiswal, J. 1. This appeal is filed by the appellant under Section 173(1) of the Motor Vehicles Act against an award dated 27/03/2014, passed by learned 16th MACT, Indore, District - Indore in Claim Case No.532/2013 whereby by the impugned award, the Claims Tribunal has awarded a total sum of Rs. 12,83,625/- with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 26/05/2011 at about 1.30 a.m. (night). 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 Vijay Singh Chouhan, learned counsel for the appellant submits that the appellant sustained grievous injuries viz. head injury with traumatic occlusion of right ICA with stroke posterior wall, acetabulam fracture right up with subluxation with sciatic nerve palsy and left side paralysis. Appellant was hospitalized for 3 months in Bombay Hospital, Indore. During treatment, four operations were performed and neuro surgery was also conducted. Appellant is fully disabled person and he cannot walk without any assistance. In support of treatment, appellant filed treatment documents exhibits from 36 to 304 in support of claim. Appellant has examined Dr. A. Pauranik and Dr. Ashutosh Verma, who have proved disability caused by road accident. Dr. Verma has issued exhibit 36 permanent disability certificate of 63%. He has also stated before the court on oath that appellant is on wheel chair and he can not even stand without any support. Doctor also proved this fact that appellant's left side is partially paralysed. 5. At the time of accident, appellant was a man of 42 years and was working as marketing officer with M/s Shivalik Marketting Private and getting Rs. Doctor also proved this fact that appellant's left side is partially paralysed. 5. At the time of accident, appellant was a man of 42 years and was working as marketing officer with M/s Shivalik Marketting Private and getting Rs. 10,000/- per month. Appellant has filed documents related with his employment -Exhibit-P/288 and also submitted Ex-P/289 to 303 as proof of income. Appellant is a income tax payer, present position of appellant is that he is leading a life as living dead and due to paralysis he is unable to do daily routine work or even cannot earn his livelihood. 6. Counsel further submits that the compensation awarded by the learned Tribunal is inadequate without looking to the injuries sustained, damages 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. 7. On the other hand, learned counsel appearing for the respondents has relied upon the findings recorded by the Claims Tribunal and further argued that the compensation awarded is just, proper and reasonable and not liable to be interfered with. In the facts and circumstances of the case, it is prayed that the appeal may be dismissed. 8. As per the impugned order, the learned Tribunal has awarded compensation as under :- Compensation awarded by Tribunal : Income taken - Rs. 9,000/- PM Disability assessed - 50.00% Multiplier taken - 11 Rs. 9,000 PM x 12 = Rs. 1,08,000 x 50% (Permanent disability) Rs. 54,000 x Multiplier of 11 = Rs. 5,94,000/- . Disability - Rs. 5,94,000/- Attender - Rs. 39,600/- Pain & Sufferings - Rs. 25,000/- Future Medical - Rs. 25,000/- Future Income - Rs. 10,000/- Medical Expenses - Rs. 5,90,025/- Rs. 12, 83, 625/- with 6% interest 9. Learned counsel for the appellant has submitted that as per the impugned judgment, the compensation awarded by the learned Tribunal under the head of pain and suffering Rs. 25,000/-, under the head of loss of future income Rs. 10,000/-, Rs. 25,000/- towards future medical expenses and under other heads is on lower side. Learned Tribunal has committed an error in holding 50% permanent disability whereas the Doctor has opined and corroborated on oath and certified 63% permanent disability. The Multiplier of 14 ought to have been applied instead of multiplier of 11. 10,000/-, Rs. 25,000/- towards future medical expenses and under other heads is on lower side. Learned Tribunal has committed an error in holding 50% permanent disability whereas the Doctor has opined and corroborated on oath and certified 63% permanent disability. The Multiplier of 14 ought to have been applied instead of multiplier of 11. It is also submitted that the while passing the awards the learned Tribunal has committed and error in not awarding total amount of medical expenses, looking to the injuries, paralysis, period of hospitalization and multiple operations performed and some amount deserves to be enhanced in this head. The impugned judgment is contrary to the facts and circumstances of the case and evidence on record as well. 10. 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 further enhancement as under :- Further Enhancement : Income taken - Rs. 9,000/- PM Disability - 60.00% Multiplier of - 13 Rs. 9,000 PM x 12 = Rs. 1,08,000 x 60% (Permanent disability) Rs. 64,800 x Multiplier of 13 = Rs. 8,42,400/- . Disability - Rs. 8,42,400/- Attender - Rs. 44,400/- Pain & Sufferings - Rs. 50,000/- Future Medical Exps. - Rs. 76,600/- (as per application filed u/S 41 Rule 27) Transportation - Rs. 20,000/- Medical Expenses - Rs. 5,90,025/- Rs. 16, 23, 425/- with 7% interest 11. 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.12,83,625 - Rs. 16,23,425=Rs.3,39,800 further enhanced with interest and cost against respondent Nos.1 & 2) Rs. 3,39,800/. 12. In view of the aforesaid, this appeal is allowed in part and the appellant is held entitled to receive total sum of Rs. 3,39,800/- in addition to the amount of compensation already awarded by the Tribunal, which shall be deposited by the respondent Nos. 1 and 2 (Driver and Rajasthan State Road Transport Corpn.) within a period of three months from today. The enhanced amount shall carry interest @ 7% per annum from the date of application till its realization. 13. The amount of Court fees paid by the claimants/appellants shall be refunded with cost by Insurance Company.