Kabil Sk vs Md. Sofiur Rahman And Anr.

1. Heard Mr. A.R. Agarwal, leaned counsel for the appellant and Ms. M Choudhury, learnedcounsel for the Respondent/Insurance Company.

2. This appeal by the claimant is against the judgment and award dated 03.07.2012passed by the MACT, Dhubri in MAC Case No. 13/2005.

3. One Kabul Sk. sustained injury in a motor vehicle accident on 30.01.2004, involvingvehicle bearing registra(cid:54)on No. AS-25/1419, owned by

the respondent No. 1 and insured with the respondent No. 2, New India Assurance Company Limited. The claimant approached the MACT,

Dhubri praying for compensation and the learned Tribunal by the impugned award granted a compensation of Rs. 15202/- as under:

Medical expenditure                    - Rs. 4302/

Pain & suffering                              - Rs. 6000/-

Loss of amenities of life                - Rs. 2500/

Loss of earning for one month    -Rs.2400/-

4. Unsatisfied with the above award, the claimant filed this appeal praying forenhancement of the award.

5. Learned counsel Mr. A.R. Agarwal submits that the claimant sustained grievous injuriesand he could not resume his work for a year, but,

the learned Tribunal while gran(cid:54)ng compensa(cid:54)on failed to appreciate the gravity of the injury and granted only Rs. 2400/towards loss of

earning. Further conten(cid:54)on of the learned counsel for the appellant is that on account of non-pecuniary heads for pain, shock & suffering,

learned Tribunal granted a meager amount of Rs. 6000/- without considering the gravity of the injury and the sufferings of the claimant and

therefore, urged for enhancement of the compensation.

7. The evidence on record transpires that the claimant sustained grievous injuries,inasmuch as, Ext.2 & Ext.9 show that claimant sustained

fracture of both ‘pubic rames’. The claimant stated on oath, that because of the said injuries, he could not work for one year. The

claimant also stated that his monthly earning was Rs. 4000/- from cul(cid:54)va(cid:54)on. The evidence brought on record shows that the factum of the

claimant having sustained two fracture injuries has not been disputed. It is not difficult to understand even without any expert opinion, that

with such injuries, it may not be possible to resume the normal ac(cid:54)vi(cid:54)es for a considerable (cid:54)me by a person engaged in the avoca(cid:54)on like

agriculture, which requires mostly physical activity.

8. Learned Tribunal granted loss of earning only for a period of one month. The claimantstated in his evidence on oath, that he could not

work for one year. No further evidence could be adduced in support of such claim that he could not work for one year, nevertheless, having

regard to the nature of injury sustained by the claimant, it is not difficult to understand, that he could not resume his duty atleast for 3/4

months. Therefore, in my considered view, the claimant is en(cid:54)tled to loss of earning atleast for a period of 4 months. Thus, having taken into

considera(cid:54)on the uncontroverted evidence of the claimant with regard to his income as Rs. 4000/- per month, the claimant shall be en(cid:54)tled to

Rs. 16000/- for loss of earning for a period of 4 months. The amount given by the learned Tribunal on account of pain, shock & suffering also

appears to be extremely meager comparing to the nature of injury and as such, this Court is of the view that quantum of award on account of

pain, shock & suffering is also requires to be enhanced to Rs. 20000/-. Since the learned Tribunal awarded Rs. 2400/- and Rs. 6000/respec(cid:54)vely,

on account of loss earning and pain, shock & suffering being, the claimant shall be en(cid:54)tled to an addi(cid:54)onal amount of Rs. (16000 + 20000)

=36000 â€" 8400=25,600/-. Thus, the award is enhanced by Rs. 25,600/- in addi(cid:54)on to what was awarded by the learned Tribunal. The claimant

shall also be entitled interest as fixed by the learned Tribunal.

9. It is submi(cid:76)ed by the learned counsel for the appellant that the award made by thelearned Tribunal was already sa(cid:54)sfied. Hence, the

respondent Insurance Company shall pay the enhanced amount of Rs. 25,600/- with interest by deposi(cid:54)ng the same with the jurisdic(cid:54)onal

Tribunal within 6 weeks.

10. The appeal accordingly stands allowed.

11. Send back the LCR.