Parvati vs Firoj and Others

S.K. Seth, J.—This is claimant''s appeal for enhancement of compensation awarded by Additional Motor Accident Claims Tribunal, Kukshi, District Dhar in M.V. Case No. 38/2004. By the impugned award, learned Claim Tribunal has awarded Rs. 33,950 as against the claim of Rs. 2,52,000.

On 5.3.2004 appellant, a young girl aged about 18 years, met with an accident. As a result, she sustained fracture in the left shoulder and other personal injuries. It is claimed that she remained hospitalized for a period often days and because of the personal injuries, she sustained permanent disability. She also claimed that accident was caused by respondent No. 1 Firoz on account of his rash and negligent driving of the bus belonging to respondent No. 2 and insured with respondent No. 3. The claim petition was resisted by the Insurance Company. Learned Claims Tribunal arrived at a finding that on the fateful day accident was caused by respondent No. 1 on account of his rash and negligent driving of the offending vehicle; which belonged to respondent No. 2 and insured with respondent No. 3. Learned Claims Tribunal assessed the amount of compensation under various heads and awarded a total sum of Rs. 33,950. The claimant is in appeal for enhancement.

After hearing learned Counsel, this Court is of the view that Tribunal rightly held that on the fateful day respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving of the vehicle which belonged to respondent No. 2 and insured with respondent No. 3. These findings are not under challenge in this appeal, hence they are confirmed. The only contention urged by learned Counsel for appellant was that the sum awarded by the Claims Tribunal does not represent "a just amount of compensation". Thus, according to learned Counsel for the appellant the impugned award suffers from infirmity being on the lower side. After examining the record, this Court is of the view that the amount awarded by the Claims Tribunal deserves to be enhanced. From the evidence available on the record, it is clear that there is mal--union of the clavicle bone of the left shoulder. The mal-union of bone has restricted the movement of the left arm and the appellant cannot lift it over the head. At the time of accident, appellant was 18 years of age and was studying in XII Class. Dr. B.L. Khankar P.W. 1 was examined and he had stated that because of the injuries sustained by the appellant, she had suffered a permanent disability to the extent of 21% in the left arm. The disability certificate is Ex. P/1 which was issued by the doctor after clinical examination of the appellant. Thus, it is clear that the appellant, an unmarried girl, has to live with her permanent disability throughout her life. Learned Counsel for the appellant is justified in criticizing the impugned award and pointing out that no amount was awarded by the Tribunal towards mental pain and suffering. Learned Claims Tribunal also did not award any compensation towards special diet and attendance and future prospects. Considering overall facts and circumstances of the case, in the considered opinion of this Court, the impugned award deserves to be modified. Accordingly, it is directed that appellant is entitled to recover from respondents jointly and severally a total sum of Rs. 75,000 which shall cover compensation on all heads pecuniary or non-pecuniary losses. The appeal is allowed to the extent indicated hereinabove. The enhanced amount shall carry interest at the rate of six percent per annum from the date of this order till it is actually paid to the appellant. Counsel fee Rs. 1,500, if certified.

In view of the foregoing, the impugned award stands modified to the extent indicated hereinabove.