Ram @ Ramesh vs Babukhan and Others

A.K. Gohil, J.—This is claimant''s appeal for enhancement of compensation in the injury case. Third Motor Accident Claims Tribunal, Alirajpur, in Claim Case No. 149/2000 has awarded a compensation of Rs. 66,724 with interest at the rate of 9% per annum thereon.

As per the claimant''s case, the accident took place on 15.4.2000 at about 6 p.m. the claimant was travelling in a Jeep No. MP-09-S/382 and he was going towards Ambua. At the same time, one dumper bearing No. MP-11-A/4333 came from the opposite side, which was being driven by respondent No. 1 Babukhan rashly and negligently. He turned his dumper on extreme right side and brought it on the road and dashed the jeep. Due to accident the jeep turned turtle and the persons who were sitting in the jeep received injuries. They were referred to Civil Hospital, Alirajpur, where the appellant was treated. The appellant has produced medical bills Exts. P/8 to P/45. As per the medical evidence there was fracture in the left humerous bone and a fracture as well as dislocation in the femur bone. The Tribunal has awarded compensation of Rs. 66,724; out of which Rs. 41,724 towards the treatment and Rs. 25,000 towards 39% permanent disability.

I have heard the learned Counsel for the parties and perused the evidence.

The contention of the learned Counsel for the appellant is that the Tribunal has not awarded proper compensation for the permanent disability of 39% and compensation of Rs. 25,000 is on lower side. He has also submitted that the Tribunal has not awarded interest from the date of filing the application but awarded interest from the date of award without assigning any reason.

A.W. 2 Dr. K.C. Gupta had initially examined the injured. M.I.C. report Ex. P/4 was recorded by him and he found that due to injury there is 20% depreciation in movability in the left shoulder. There is also 20% deficiency in the humerous bone. In cross-examination he has also deposed that his disability certificate is Ex. P/47, which is not on record. In the cross-examination he has stated that the aforesaid disability is partial in nature. From the medical evidence it is clear that though there is depreciation in movability in both the organs upto 39% but it is partial disability and not permanent disability. If the total deficiency is considered as 20% instead of 35%, the amount of general damages towards loss of movability as well as the expenses in the other heads appears to be on lower side. Therefore, the amount of Rs. 25,000 is further enhanced. Thus, in this case further compensation of Rs. 25,000 is enhanced in all the heads. This enhanced amount shall also carry 6% interest from the date of appeal.

So far as the question of interest awarded by the Tribunal from the date of award is concerned, admittedly in this case the incident took place on 15.4.2000 and claim petition was filed on 9.12.2000 and the same has been finally decided on 31.1.2002. The Tribunal has awarded 9% interest on the amount of Rs. 66,724 from the date of award without assigning any reason for the same. Normally Tribunals are allowing interest from the date of petition as per Section 171 of Motor Vehicles Act unless special circumstances exist and assigned not to allow from that date. Thus, this part of the award is modified. The claimant shall be entitled to interest from the date of filing of claim petition.

Thus, this appeal is allowed and the amount of compensation is enhanced from Rs. 66,724 to Rs. 91,724. The enhanced amount shall be deposited in post office under monthly income saving scheme for a period of five years and the claimant shall get the monthly interest from the said deposit. Parties are directed to bear their own costs.