Kishan vs Mohd. Amjad and Others

N.K. Mody, J.—This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 13.3.2006 passed by the Motor Accidents Claims Tribunal, Ratlam, in Claim Case No. 71 of 2004. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,17,200 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on lower side and hence needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and, if so, to what extent? It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of claimant by the Claims Tribunal. Secondly, none of these findings though recorded in claimant''s favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

Learned counsel for the appellant submits that appellant was aged 23 years at the time of accident, which took place on 17.4.2004. Appellant was hospitalised initially at Ahmedabad for 20 days, where he was operated. It is submitted that learned Tribunal has awarded a sum of Rs. 2.17,200, break-up of which is as under:

Learned counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced. Learned counsel submits that permanent disability was to the extent of 76 per cent as the left hand of the appellant is completely in disorder. It is submitted that in spite of eight years there is no sensation in the left hand below elbow. It is submitted that hand of the appellant could not be bent. It is submitted that medical bills for Rs. 1,20,000 were submitted but out of that only Rs. 50,000 was awarded. It is submitted that on account of medical expenses only Rs. 72,200 has been awarded while the total expenses incurred towards the medical expenses are Rs. 1,42,200. It is submitted that appeal be allowed and amount be enhanced.

Learned counsel for respondent No. 4 submits that looking to the injuries sustained by the appellant the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. It is submitted that appeal be dismissed.

Appellant is present in court. There are number of scars on the left hand of the appellant. Even today it appears that there is no sensation in the left hand. I have gone through the evidence adduced by the claimant on the issue of injuries sustained by the appellant. After taking into consideration all the evidence on record it appears that the compensation awarded is on the lower side. In my opinion, it will be proper to enhance the compensation. In view of this, appellant is entitled for the following amount:

In other words, in view of this, the claimant is held entitled for a total sum of Rs. 4,63,000 by way of compensation for the injuries sustained by the appellant in the accident. The enhanced amount of Rs. 2,45,800 shall carry interest at the rate of 8 per cent per annum from the date of application. The amount awarded shall be deposited by insurance company with the learned Tribunal and the learned Tribunal is directed to invest 80 per cent of the said amount on long-term fixed deposit in the name of appellant in the nearest nationalised bank in the area where the appellant is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. account of appellant, which shall be opened by the appellant from where appellant can withdraw the amount as per his needs. However, on an application by the appellant this condition could be modified by the learned Tribunal in exceptional circumstances, if made out by the appellant. With the aforesaid modification the appeal stands disposed of. No order as to costs.