Ravindra Joshi vs Tansukh Lal and Others

A.M. Sapre, J.—This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 29.11.2002, passed by learned Member, Motor Accident Claims Tribunal, Shajapur in Claims Case No. 141 of 2002. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,16,307 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 a 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?

Heard Mr. Section Patwa, learned Counsel for the appellant and Mr. S.V. Dandwate, learned Counsel for respondent No. 3-Insurance Company.

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 claimants 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, we do not wish to burden our judgment by detailing fact on all these issues.

This is an injury case. Claimant, aged 25 years (appellant herein) suffered injury in motor accident which resulted in amputation of his left leg below knee. He was working with one Cable Operator on a monthly salary of Rs. 3,000/-. This Tribunal awarded a total sum of Rs. 2,16,307 along with interest for the injuries suffered by the claimant According to claimant it is on lower side and hence, he has come up in appeal praying for enhancement in the compensation awarded by the Tribunal.

We have gone through the evidence adduced by the claimant particularly on the issue of his disability factor. It is not in dispute that claimant a young man aged 25 years and has a long future has lost his one leg permanently. All his future aspirations, Commitments, pleasure as a normal man have gone for all time to come. He has to now pull on his life as a permanent disabled person with the use of one leg. One does not know whether he will be able to marry and will ever be able to lead normal married life. This is the real practical scenario which the Court while determining the compensation payable cannot ignore nor should ignore. It is material as well as relevant.

Submission of learned Counsel for the Insurance Company (respondent herein) was that compensation ''awarded is just and reasonable calling no interference for further enhancement. According to learned Counsel, taking into consideration the parameters contained in Workmen''s Compensation Act for such injuries and further taking into consideration the case of appellant himself so far as his income is concerned, the compensation awarded does not call for any further enhancement than what has been awarded by the Tribunal. We do not agree.

In a case of this nature where a claimant has lost his one leg permanently, the claimant is entitled to claim reasonable and adequate compensation commensurate with the extent of disability suffered. Though grant of compensation howsoever high it may be would not bring back claimant''s leg to normal position, nor it will in any way curtail his mental pain and suffering, yet the award of reasonable compensation would give some solace to claimant. However, we feel that it would be reasonable, adequate and proper to award a total sum of Rs. 4 lacs on lump sum basis which we have quantified taking into consideration the total loss of monthly salary, pain and suffering, future loss, etc.

In this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. The enhanced sum will carry interest at the rate 6% p.a. from the date of application till realisation. All other findings are upheld being not under challenge.

Counsel fees Rs. 1,500, if certified.