Murlidas vs Shishukunj Educational Society 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 26th February, 2010 passed by II Motor Accident Claims Tribunal, Indore, in Claim Case No. 173/2009. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 1,50,400/- 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, need 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 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 (Murlidas) who was aged 52 years art the time of accident, which took place on 5th February, 2008. Appellant sustained fracture of leg. Appellant was operated and road was inserted. It is submitted that learned Tribunal awarded, a sum of Rs. 1,50,400/-, breakup of which is as under :

Rs. 1,00,000/-

Towards medical expenses.

Rs. 32,400/-

Towards permanent disability.

Rs. 18,000/-

Towards loss of income.

Rs. 1,50,400/-

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. It is submitted that appeal be allowed and amount be enhanced.

Learned Counsel for respondent No. 3 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.

I have gone through the evidence adduced by the claimants. After taking into consideration all the evidence on record this Court is of the view that it will be proper to enhance the compensation. The appellant is entitled for the following amount:

Rs.

1,00,000/-

Towards medical expenses.

Rs.

20,000/-

Towards loss of income during treatment

Rs.

15,000/-

Towards transportation expenses.

Rs.

10,000/-

Towards special diet.

Rs.

15,000/-

Towards pain and sufferings.

Rs.

5,000/-

Towards attenders expenses.

Rs.

35,000/-

Towards permanent disability.

Rs.

2,00,000/-

Total

Thus, the appellant is entitled for a sum of Rs. 2,00,000/- instead of Rs. 1,50,400/-. The enhanced amount of Rs. 49,600/-, shall carry interest @ 8% p.a. from the date of application. With the aforesaid modification the appeal stands disposed off. No order as to costs.