Shyam Lal vs Fazul Rehman @ Noor Khan and Others

G.P. Mittal, J.—The Appellant seeks enhancement of compensation of Rs. 1,25,307/- awarded by the Motor Accident Claims Tribunal (the Tribunal) on account of the injuries suffered by him in an accident, which took place on 22.09.2002.

My task is easier as no Cross Appeal has been filed by the owner or the Insurance Company challenging the finding on negligence or on the quantum of compensation.

The Appellant suffered compound fracture of BB right leg apart from the injuries on his forehead, right ear and right shoulder. He was operated upon in Gujar Mal Modi Hospital and Research Centre for Medical Sciences and a Discharge Summary Ex. PW-1/1 was issued advising him to follow up on 04.10.2002. The Appellant was readmitted on 19.11.2002 for removal of the lower foot ring and was discharged on the next day. The Appellant proved on record the consultation memos and the medicines purchased by him during the course of his treatment from 22.09.2002 till June, 2003 (Ex. PW-1/3 to Ex. PW-1/63). I find force in the contention raised on behalf of the Appellant that the compensation awarded under the head of pain and suffering, special diet and conveyance was too low and meagre. The same needs to be raised. The compensation is reassessed as under:-

Sl. No.

Compensation Head

Granted by Tribunal ( Rs. )

Granted by High Court ( Rs. )

1.

Treatment expenses

1,02,507

1,02,507

2.

Pain and suffering

10,000

25,000

3.

Special diet

1,000

5,000

4.

Conveyance

1,000

5,000

6.

Loss of income

10,800

10,800

Total

1,25,307

1,48,307

The enhanced amount of Rs. 23,000/- shall carry interest @ 7.5% per annum from the date of filing of the Appeal till the date of the payment. The Respondent No.3 Insurance Company is directed to deposit the enhanced compensation with the Registrar General of this Court within 30 days, which shall be held in Fixed Deposit for a period of one year.

The Appeal is allowed in above terms.