Gopal Singh @APPELLANT@Hash Bheru lal

Appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) seeking enhancement of

compensation awarded by the Motor Accident Claims Tribunal, Sirohi (for short, ‘learned Tribunal’) by its judgment and award dated

27.03.2014 in Claim Case No.228/2012.

Limited grievance of appellant is that the quantum of compensation determined by learned Tribunal is inadequate in the backdrop of injuries suffered

by him in road accident.

Succinctly stated, facts of the case are that appellantclaimant laid a claim petition under Section 166 of the Act before learned Tribunal, inter-alia, on

the ground that on 07.06.2011 he was driving Ford car bearing No. RJ-22-CA-4600, from Paldi Jod to Jawara, and when vehicle reached near petrol

pump at Chikarda, it collided with truck bearing No. RJ-06-GA-030, coming from opposite direction. Appellant also pleaded that accident occurred due

to the fault of truck driver as he drove the vehicle rashly and negligently. Due to accident, as per version of the appellant, he suffered grievous

injuries. A criminal case was registered against the driver of truck and after investigation charge-sheet was also filed. For claiming compensation to

the tune of Rs.15,33,000/-, appellant has mentioned requisite facts including his age and occupation with monthly income @ Rs.8,000/-. As per

version of the appellant, due to accident, he has suffered fracture on his right thigh and had undergone operation.

The claim petition was not contested by driver and owner of the vehicle, and therefore, ex-parte proceedings were taken against them, however,

respondent-insurer joined the issue and contested the claim by submitting its reply. Learned Tribunal on the basis of pleadings settled three issues

for determination. To substantiate his claim, appellant-claimant himself appeared in the witness-box and tendered 42 documents, which were

exhibited. On behalf of respondent-insurer, witness NAW-1 Sarvotam Sharma has appeared in the witness-box and testified.

Learned Tribunal, thereafter, hearing final arguments decided issue No.1, regarding rash and negligent driving of the insured vehicle, in favour of

appellant and against the insurer. While adverting to issue No.2, which was settled on the basis of pleadings of the insurer alleging violation of terms of

insurance policy, the same was decided against the insurer. Third and the crucial issue regarding quantum of compensation was adjudicated by the

learned Tribunal partly in favour of appellant-claimant and the learned Tribunal awarded total amount of compensation Rs.82,000/- under different

heads.Â

After hearing learned counsel for the parties and examining threadbare the impugned award, it is borne out that due to accident appellant has suffered

one compound fracture of his right leg.

Upon consideration of the afflictions of appellant, which are confined to quantum of compensation, in my opinion, though the learned Tribunal has

assessed quite a reasonable compensation, however, it would be just and proper to grant some solace to the appellant by enhancing the amount of

compensation. For granting indulgence to the appellant, I feel inclined to invoke doctrine of “just compensation†imbibed in Section 168 of the Act.

In totality of circumstances, it would be appropriate to enhance the amount of compensation to meet the requirements of a just, fair and reasonable

compensation. Therefore, compensation is enhanced by Rs.18,000/- (Rupees eighteen thousand) and the appellant is declared entitled for the same,

i.e., cumulatively compensation to the tune of Rupees one Lakh.

Accordingly, the instant appeal is allowed in part as indicated hereinabove and the respondent-insurer is directed to pay enhanced amount of

compensation i.e. Rs.18,000/- (Rupees eighteen thousand) to the appellant within a period of six weeks from today. If the enhanced amount is not

paid within a period of six weeks, then, it shall carry interest @9% per annum from the date of filing of this appeal.