Balwant Singh Jatav vs Anand Rao

N.K. Mody, J.—This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 27/01/2011 passed by learned Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 162/2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 12,619/- with interest to the claimant by way of compensation for the injury which he sustained in an accident dated 30/09/2009. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent ? 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 for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant''s favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

Learned counsel for the appellant submitted that appellant sustained grievous bone injuries and remained hospitalized for 4 days but learned Tribunal has awarded only a total sum of Rs. 12,619/- for the injuries sustained by appellant, breakup of which is as under:-

Learned counsel for the appellant submitted that amount of compensation awarded by learned Tribunal is on the lower side. Further the income of appellant assessed by learned Tribunal is also on lower side and furthermore the compensation awarded under all the heads is also on lower side. Therefore, same may kindly be enhanced appropriately and appeal be allowed.

Learned counsel for respondent No. 3 supported the impugned award and submitted that compensation awarded by learned Tribunal is just and proper and therefore, appeal be dismissed.

After hearing learned counsel for the parties at length, in my opinion the amount of compensation awarded by claims tribunal is grossly inadequate and same deserves to be enhanced and same is enhanced by a further sum of Rs. 25,000/-. Thus, the total compensation comes to Rs. 37,619/-. The enhanced amount of Rs. 25,000/- shall carry interest @ 8% p.a. from the date of application. This order shall be executable upon payment of proportionate Court fees on the enhanced amount. The Court fees be paid within 3 months from the date of this order. Registry to prepare memo of costs. The appellants'' counsel shall provide certified copy of memo of costs to the counsel for Insurance Company. The Insurance Company thereafter shall deposit the enhanced amount with costs with the Tribunal within one month from the date of receipt of memo of Cost. Failure to comply with the aforesaid direction no interest would be payable on the enhanced amount from the date of order till the Court fees is actually paid and memo of costs is supplied to counsel for Insurance Company. With the aforesaid modification the appeal stands disposed of. No order as to costs.