Jaipal vs Naresh Kumar and Others

Nawab Singh, J.—This claimant''s appeal is directed against the Award dated June 08, 2010 passed by Motor Accident Claims Tribunal (for short `the Tribunal''), Narnaul, whereby, it awarded an amount of Rs. 55,000/- as compensation to the appellant on account of the injuries suffered by him in a vehicular accident on February 15, 2009. It was pleaded that on February 15, 2009, appellant Jaipal along with Mahabir was proceeding from Narnaul to village Nangal Sirohi on motorcycle No. RJ-02/5M/3889. Mahabir was driving the motorcycle and the appellant was pillion rider. When they reached in front of Pooja Hospital Mahendergarh Road, Narnaul, Maruti car No. HR-36B-9027 being driven in a rash and negligent manner by Naresh Kumar - respondent No. 1 hit the motorcycle. Both bones of the right leg of the appellant were fractured.

The Tribunal awarded a sum of Rs. 6000/- on account of 3% disability suffered by the appellant, Rs. 19,000/- as medical expenses and Rs. 15,000/-, each, for pain and suffering, and for special diet and transportation. In all, a sum of Rs. 55,000/- along with interest at the rate of 9% per annum from the date of filing of the claim application till realisation was awarded.

Learned counsel for the appellant has contended that since the appellant suffered fracture of both bones of right leg, so the Tribunal fell in error in not awarding any compensation on account of loss of income.

The argument is persuasive. Dr. Dinesh Sharma (PW3) deposed that appellant had suffered fracture of both bones of right leg. A surgical operation was performed and interlocked nailing was done. Appellant remained hospitalised for four days. This witness also proved the discharge certificate (Exhibit PW4/A). Dr. Dinesh Podar (PW5) proved the disability certificate (Exhibit PW5/A), whereby, the appellant was found to be permanently disabled to the extent of 3% on account of range of motion of right knee joint reduced by 10%. The appellant is an agriculturist. The nature of injuries suffered by the appellant suggests that he must have taken long time in recuperating and resuming his work.

In the circumstances, this Court is of the considered opinion that appellant is entitled to a sum of Rs. 20,000/- under the head of `loss of income''. Hence, the Award of the Tribunal is modified to the extent that the appellant is held entitled to total compensation of Rs. 75,000 (55000 + 20000), that is, Rs. 20,000/- over and above the amount awarded by the Tribunal. The interest on the enhanced amount of Rs. 20,000/- shall be paid from the date of filing claim application till the amount was deposited by the Insurance Company under the impugned Award at the same rate of interest as was awarded by the Tribunal.