Rameshchandra vs Mohanlal 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 22.12.2010 passed by Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 58 of 2003. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,99,018 with interest to the claimant by way of compensation for the injury which the appellant 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 Claims 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 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.

As observed supra, it is an injury case. Break-up of the amount awarded is as under:

Learned counsel for the appellant submits that in a motor accident which took place on 16.10.2002, appellant who was aged 35 years on the date of accident sustained crush injuries in the right forearm and also compound fracture of radius ulna. Appellant was hospitalised at Gokuldas Hospital from 16.10.2002 to 18.11.2002 and again from 21.12.2002 to 2.1.2003. Learned counsel submits that permanent disability was assessed at 50 per cent by the learned Tribunal. It is submitted that learned Tribunal in the last round awarded a sum of Rs. 1,00.000 against which an appeal was filed by appellant which was numbered as M.A. No. 412 of 2004 which was allowed vide order dated 10.8.2010 and the case was remanded for reassessment. It is submitted that in second round the amount was enhanced to Rs. 3,99,018. It is submitted that looking to the injuries the amount awarded is on lower side which deserves to be enhanced. It is prayed that appeal be allowed and amount awarded be enhanced.

Learned counsel for respondent No. 3 submits that amount awarded is just and proper and appeal be dismissed. From perusal of record and also the photographs it seems that right arm of the appellant has been ruptured. Keeping in view the injuries sustained by the appellant, this court is of the view that amount awarded is on the lower side and a case of enhancement is made out. In view of this, the claimant-appellant is entitled to the following amount:

Thus, the appellant is entitled to a sum of Rs. 5,10,000 instead of Rs. 3,99,018. The enhanced amount of Rs. 1,10,982 shall carry interest at the rate of 8 per cent per annum from the date of application.

With the aforesaid observation, appeal stands disposed of.