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2019 DIGILAW 53 (MP)

Krishnapal @ Kishan v. Chhote Hussain

2019-01-14

VANDANA KASREKAR

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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 X Additional Member, Motor Accidents Claims Tribunal, District-Indore in Claim Case No. 507/2010 vide award dated 6.3.2013. By the aforesaid award, an amount of Rs. 82,465/- has been awarded together with interest from the date of filing of claim petition till date of realization of the amount on account of the injuries sustained by the appellant/claimant in the accident occurred on 16.3.2010 involving the offending vehicle bearing registration No. UP-21/N/7076. 2. It is not necessary to narrate the entire facts in details because the learned Tribunal already recorded the findings in the impugned award. 3. The appellant has suffered fracture on spine and amputation of right thumb. The Tribunal has awarded Rs. 82,465/- as compensation, break-up of which is as under : Loss of work Rs. 12,000/- Medical expenses Rs. 27,465/- Pain & suffering Rs. 10,000/- Attendant and special diet Rs. 8,000/- Towards injuries Rs. 25,000/- Total Rs. 82,465/- 4. 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 and, therefore, the same deserves to be enhanced. 5. Learned counsel for the Insurance Company supported the award as regards quantum of compensation and prayed for dismissal of the appeal. 6. Considering the fact that the appellant has suffered fracture on spine and amputation of right thumb, in the fitness of things and to strike balance between the parties and the fact that the accident has occurred in the year 2010, it is considered apposite to enhance the amount of compensation in lump-sum by Rs. 66,135/- (Rupees Sixty Six Thousand One Hundred Thirty Five Only). Hence the compensation amount is enhanced from Rs. 82,465/- (Rupees Eighty Two Thousand Four Hundred Sixty Five Only) to Rs. 1,48,600/- (Rupees One Lac Forty Eight Thousand Six Hundred Only) with interest as fixed by the Tribunal. The enhanced amount of compensation together with interest as determined by the Tribunal, which shall be disbursed by the respon-dent No. 3/Insurance Company to the appellant within a period of three months from the date of production of certified copy of the order passed today. The enhanced amount of compensation together with interest as determined by the Tribunal, which shall be disbursed by the respon-dent No. 3/Insurance Company to the appellant within a period of three months from the date of production of certified copy of the order passed today. It is made clear that the appellant shall not be entitled for interest for the period of delay of 327 days occurred in filing this appeal. 7. In view of the judgment of apex Court in the matter of Amrit Pal Singh v. Tata A.I.G., reported in 2018 ACJ 1768 , the finding of the MACT regarding exoneration of Insurance Company is hereby set-aside and the Insurance Company is directed to first pay the compensation to the appellant/claimant and then recover the same from the respondents No.1 and 2, driver and owner of the aforesaid vehicle. 8. With the aforesaid, appeal is partly allowed and disposed of, with no order as to cost.