Research › Search › Judgment

Madhya Pradesh High Court · body

2019 DIGILAW 33 (MP)

Tarun Soni v. New India Company

2019-01-09

ROHIT ARYA

body2019
ORDER 1. This appeal under section 173 of Motor Vehicles Act, 1988 has been preferred by the appellant-claimant for enhancement of compensation awarded by 3rd Additional Motor Accidents Claims Tribunal, Indore, District Indore in Claim Case No. 43/2016 vide award dated 14.5.2018. 2. Facts relevant and necessary for disposal of this appeal lie in narrow compass: On 18.10.2012 appellant while going from his home to office, reached near Bicholi-Mardana ware house, the offending vehicle Truck bearing registration No. MP-09-H-3944 driven by respondent No. 3 negligently and rashly dashed him, as a result, appellant sustained crush injuries of right thigh, loss of left eye vision and dislocation of pelvis bone as well as fracture of ribs. 3. Appellant claims that at the time of incident, he was aged about 35 years and was earning of Rs. 6,500/- per month by doing job as supervisor in a private company. 4. The Tribunal has awarded Rs. 17,01,069/- as compensation, break-up of which is as under: For injury Rs. 1,46,880/- Medical bill Rs. 14,48,189/- Special diet, transportation Rs. 40,000/- Loss of wages during treatment Rs. 16,800/- Pain and Suffering Rs. 50,000/- Total Rs. 17,01,069/- 5. The appellant has challenged the amount of compensation awarded by the Tribunal on the ground that the compensation awarded is meager and on the lower side. As regards income, it is asserted that PW3 Manish Joishi, official of the company where he worked was examined and also produced income tax return from the period 20.12.2013 to 20.10.2017 (exhibit D-1 to D-5). Likewise, the permanent disability has been wrongly assessed as it could be 48% (30% due to loss of left eye vision in terms of Workmen Compensation Act and 18% for the whole body). Hence, the amount of compensation deserves to be enhanced appropriately. 6. Learned counsel for the Insurance Company supported the award as regards quantum of compensation and prayed for dismissal of the appeal. 7. The moot question to be addressed upon in the appeal preferred by the appellant is as to whether the Tribunal was justified in awarding total Rs. 17,01,069/- to the appellant. 8. Having gone through the impugned award, it is apparent that the tribunal has found that the appellant is aged about 30 years. 7. The moot question to be addressed upon in the appeal preferred by the appellant is as to whether the Tribunal was justified in awarding total Rs. 17,01,069/- to the appellant. 8. Having gone through the impugned award, it is apparent that the tribunal has found that the appellant is aged about 30 years. The permanent disability of the appellant was wrongly assessed as 18% by the tribunal for the multiple injuries suffered by the appellant referred above, in the opinion of this Court, the amount awarded by the Tribunal is on the lower side and needs to be enhanced appropriately. 9. The finding of the Tribunal as regards earning of the appellant is incorrect. Therefore, the finding as regards earning of the appellant is totally perverse and absolutely unreasonable. The appellant has asserted that he was 28 years of age at the time of incident and was earning more than Rs. 6,500/- per month. In the obtaining facts and circumstance of the case, the income of appellant is assessed as Rs. 6,500/- per month. Hence, the multiplier 17' is appropriate multiplier. 10. After having perused the evidence placed on record and the submissions advanced, the permanent disability assessed as 48% for the injuries referred above, the age of appellant and the fact that the accident occurred in the year 2012 and in the fitness of things and to strike balance between the parties, this Court is of the view that the amount of compensation awarded by the Tribunal deserves to be enhanced as follows: Permanent Disability (Income Rs. 6,500/- x 48% x 12 x 17) Rs. 6,36,480/- Pain and Suffering Rs. 75000/- Special diet Rs. 12,500/- Transportation Rs. 12,500/- Medical Expenses Rs. 14,48,189/- Attendant expenses Rs. 27,000/- Loss of wages (for 6 months) Rs. 39,000/- Total Rs. 22,50,669/- 11. As such, the appellant is entitled for Rs. 5,49,600/- over and above the amount of compensation awarded by the Tribunal i.e. from Rs. 17,01,069/- (Rupees Seventeen lacs one Thousand sixty nine only) to Rs. 22,50,669/- (Rupees Twenty two thousand fifty thousand six hundred sixty nine Only) with interest as fixed by the Tribunal which is ordered accordingly to be payable to the appellant as directed by the Tribunal in the same apportionment. The enhanced amount of compensation shall be payable to the appellant within 12 weeks from the date of production of a certified copy of this order. The enhanced amount of compensation shall be payable to the appellant within 12 weeks from the date of production of a certified copy of this order. Rest of the award impugned passed by the Tribunal shall remain intact. With the aforesaid, appeal stands disposed of. No order as to costs. V.S. Chouhan for appellant; Mayank Upadhyay for respondent No. 3/Insurance Company.