Jagdish Chander vs Manjit Singh and Another

Amarjeet Chaudhary, J.—This is claimant''s appeal for enhancement of compensation.

The facts of the case are that the appellant (hereinafter referred to as the claimant) was involved in road accident on 16-3-1989 in which he sustained certain injuries. Thereafter, he filed claim petition in the Court of Motor Accident Claims Tribunal, Karnal claiming rupees two lacs as compensation for the injuries sustained by him in the road accident, from the owner/driver of offending Motor-cycle No. HNL 9370 and insurer of the Motor-cycle.

The Motor Accident Claims Tribunal awarded a sum of Rs. 38,400/- by assessing the claimant''s income as Rs. 800/- per month, taking into consideration 25% disability by applying a multiplier of 16. The compensation was awarded by holding that the loss of income was to the extent of Rs. 200/- per month.

In this appeal, the only question for consideration is regarding quantum of compensation.

The claimant had deposed before the Motor Accident Claims Tribunal that he was running a dairy and was dealing in rice and thereby earning Rs. 2,000/- per month. After the accident, he has been rendered jobless and his only source of income is house rent. The Tribunal assuming him as a casual labourer, had assessed the monthly income of the claimant as Rs. 800/-. Dr. Vijay Gupta P.W. 3, Orthopaedic Surgeon, who is running an Orthopaedic Nursing Home and X-ray Centre Karnal has deposed that claimant Jagdish Chander was admitted in his Nursing Home on 16-3-1989 with trochanteric fracture left hip and he was treated with skeletal traction and was discharged on 16-4-1989 Claimant Jagdish Chander deposed that he remained on crutches for about five months and there is limp in his walk. Dr. Vijay Gupta had stated that claimant Jagdish Chander had suffered 25% disability and the claimant might have spent Rs. 2,000- 2,500 on medical treatment. However, the claimant deposed that he had spent Rs. 7,000/- on medicines including room charges and fee of the Doctor. However, the claimant has not produced any documentary evidence to prove the expenses incurred on medical treatment. However, taking into consideration the gravity of the injuries sustained by him, ends of justice will be well met if loss of his monthly income is assessed at Rs. 400/- P. M and by applying a multiplier of 16 the total amount of compensation comes to Rs. 76.800/-. The claimant shall also be entitled to Rs. 5,000/- on account of medical expenses Besides this, the claimant shall also be entitled to 12% interest. The claimant shall also entitled to Rs. 30,000/- on account of pain and suffering.

This appeal is consequently allowed and the claimant is held entitled to Rs. 1,11,800/- in all, inclusive of the compensation already awarded by the Tribunal. The appeal is allowed with costs. Counsel''s fee Rs. 500/-.