Jaypal vs Mehfooz Khan and Others

Bhawani Singh, C.J.

This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Seoni, in Claim Case No. 1/97, dated 22-9-1998.

Accident took place on 6-9-1996 when claimant was going on his motor-cycle bearing registration No. M.O.C. 8988. When he reached near the curve of Piplawadi Chandan Bagh Road, bus bearing registration No. C.P.Q. 2113 came from opposite direction, driven rashly and negligently, hit the motor-cycle resulting in serious injury to the left foot of the claimant. The bus is owned by M/s. Hemandas and Bros., drive by Mehfooz Khan and insured with the New India Assurance Co. Ltd. Allegation is that accident occurred due to the negligence of bus driver who was driving it rashly and negligently. As a result of this accident, claimant suffered great pain and incurred expenses, engaged persons to look after him, travel for treatment, spent on medicine, special diet, etc. etc. Compensation of Rs. 5,65,613/- has been claimed.

The defence taken is that accident occurred due to the negligence of the claimant, who was driving the motor-cycle rashly and negligently. Motor-cycle hit the bus and broke its head-lights. The claimant did not suffer injuries in this accident. Insurance Company has stated that the vehicle was not insured with it and driver did not possess valid driving licence at the time of accident for this reason, it is not liable to pay the compensation.

The Claims Tribunal has rejected these defences and accepted the claim. Compensation of Rs. 53,200/- has been awarded with interest at the rate of 12% per annum. Claimant is not satisfied with this award. Therefore, this appeal has been filed for enhancement of compensation.

After hearing the counsel for the parties and looking to the evidence recorded in this case, there is no difficulty in approving the finding of the Claims Tribunal that the accident has taken place due to the rash and negligent driving of the bus by the driver. It is also clear that this vehicle was insured with the New India Assurance Co. Ltd. It is also clear that the claimant suffered serious bone injury on the left leg. He was subjected to two operations and this accident has resulted in deformity to the union and disability has been assessed as 40% by the doctor. There is no doubt that during this period, the claimant must have suffered great pain. He must have spent considerable amount on his treatment. With this kind of injury, claimant could not travel from place to place for treatment, therefore, he must have engaged someone to look after him. He must have spent on treatment. He must have spent on attendant. He must have spent on transport and medicines. This kind of injury at this stage of life, is going to cause him further problems, particularly during the winter season.

In the aforesaid background, we are of the considered opinion that the amount awarded by the Claims Tribunal is not adequate, as contended by learned counsel for the claimant. We are of the opinion that interest of justice would not suffer if the lump-sum compensation of Rs. 1,00,000/- is paid to the claimant in this case. The enhanced amount of compensation will carry interest at the rate of 9% per annum from the date of application till payment. Rate of interest on Rs. 53,200/- will be the same which has been awarded by the Claims Tribunal. Cost on parties.