Bhawarlal vs Prahlad Meena and Another

This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act by the claimant against an award dated 22.3.2004, passed by learned Motor Accident Claims Tribunal, Rajgarh in Claim Case No. 78/2002. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 80,000 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant i.e., appellant herein, the compensation awarded is on a 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?

Heard Mr. Manoj Saxena, learned Counsel for appellant and Mr. R.N. Dave, learned Counsel for respondent No. 2.

It is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in drivingthe 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 claimants, 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, we do not wish to burden our judgment by detailing facts on all these issues.

As observed supra it is a injury case. Bhawarlal the claimant aged around 25 years and labourer by profession suffered injury in a road accident that occurred on 25.2.2002. He suffered fracture in his left leg. This was duly certified by the doctors which according to him resulted in 40% disability to him in his left leg as due to injury, the claimant is finding difficult in doing his day-to-day work freely. There is also some shortening in leg.

Accordingly and in view of the aforesaid fact and taking into consideration the extent of disability, amount spent, etc., we are of the view that claimant is entitled to get a total compensation of Rs. 1,25,000 in place of Rs. 80,000. The enhanced sum shall carry interest @ 6% per annum from the date of application till realisation.

Accordingly and in view of the aforesaid discussion, appeal succeeds and is allowed in part. The impugned award is modified to the extent indicated supra. Counsel''s fee Rs. 1,500.

C.C. within a week.