Vivek Kumar Patel vs Laxman Yadav

Sachin Singh Rajput, J

The Miscellaneous Appeals have been preferred by the Claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') questioning the legality and propriety of the award dated 27.04.2019 passed by First Additional Motor Accidents Claims Tribunal, Raigarh District- Raigarh, (CG) in Claim Case No.109/2017, whereby the learned Tribunal In MAC No. 1105/2019, while allowing the claim in part has awarded the total amount of compensation to the tune of Rs. 1,04,000/- with interest @ 9% per annum from the date of application till realization in favour of the appellant/claimant and in MAC No. 1104/2019 while allowing the claim in part has awarded the total amount of compensation to the tune of Rs. 1,58,250/- with interest @ 9% per annum from the date of application till realization in favour of the appellants/claimants.

Aforesaid compensation was awarded to the claimants on account of the injuries sustained by them in an accident occurred on 08.10.2016 by rash and negligent driving of the offending vehicle, i.e., Bus Bearing Registration No. CG-11-A-1570 driven by respondent No. 1-driver owned by respondent No. 2/owner.

As per the pleadings, the claimants have filed an application under section 166 of the Act of 1988 by submitting inter alia that on the date of accident the appellant/claimant in MAC 1105/201 was riding on motorcycle bearing Registration No. CG-06-P-5631 and was going to Village Dhangaon, the said motorcycle driven by his father-Set Kumar Patel i.e. claimant in MAC No. 1104/2019 and the said motorcycle was dashed by the offending vehicle near village Jorapali Agricultural College Square, resulting into severe injuries on the person of the appellants, who were admitted to hospitals at Raigarh and Raipur, sustained severe injuries including fractures on their legs and due to which implantation of iron rods took place. As per pleadings, appellant in MAC No. 1105/2019 was the student of M.Sc. And appellant in MAC no. 1104/2019 does the agricultural work. Therefore, the abovestated compensation was claimed.

The claim application was resisted by the respondents by denying the averments of the claim application and stated that the accident occurred on account of rash and negligent driving of the driver of the motorcycle i.e., the claimant- Set Kumar Patel, therefore the application may be rejected.

On assessment of the claim application, the appellants/claimants examined themselves before the learned Tribunal.

On the basis of evidence available on record, the learned Tribunal framed as many as 3 & 4 issues respectively and decided the same in favour of the claimants and awarded the aforesaid compensation.

Learned counsel for the appellants/claimants submits that the amount of compensation is on the lower side. Hence, suitable enhancement may be made by this Court.

I have heard learned counsel for the parties, considered their rival submissions and perused the records.

Learned Tribunal has awarded the compensation to the claimant in MAC No. 1105/2019 in the following manner i.e.. for medical expenses= Rs. 54,000/-, Physical and mental agony=Rs. 20,000/-, attendant= Rs. 10,000/-, special diet= Rs. 10,000/- and for transportation expenses= Rs. 10,000/-, thus the total compensation amount of Rs. 1,04,000/- was awarded.

On perusal of records it appears that the claimant in MAC No. 1105/2019 suffered fractures and he underwent surgery by spending considerable amount on his treatment and even in hospitalization for a certain period. Taking into consideration the evidence available on record and ends of justice would met, if further sum of Rs. 25,000/- be awarded as a enhanced compensation amount to the claimant. Respondent Nos. 1 and 2 are directed to deposit the enhanced compensation within 60 days from today.

Learned Tribunal has awarded the compensation to the claimant in MAC No. 1104/2019 in the following manner i.e., for loss of income= 27,000/-, medical expenses= Rs. 1,34,000/-, Physical and mental agony=Rs. 20,000/-, attendant= Rs. 10,000/-, special diet= Rs. 10,000/- and for transportation expenses= Rs. 10,000/-, thus the total compensation amount of Rs. 2,11,000/- was assessed. However, the learned Tribunal deducted 1/4th amount for contributory negligence and thus, awarded the amount Rs. 1,58,250/- in favour of the claimant.

The first question which comes before this Court, as to whether the appellant/claimant has contributed negligence in causing accident to the extent of 1/4th.

In the case in hand, the said offending vehicle is a Bus, the appellant examined himself stated that the offending vehicle driven by the driver in rash and negligent manner as a result of which the accident occurred.

From perusal of the records, it also appears that charge-sheet was filed against the driver of the offending vehicle bus for offence under Sections 279, 337 and 338 of the IPC. Though, the owner of the offending vehicle was examined, he denied the happening of the accident. The driver was also examined and he too denied the happening of the accident, however, admitted that a criminal case is pending before the Judicial Magistrate First Class at Raigarh under Sections 279, 337 and 338 of IPC in respect to the accident which has been caused by him. The Driver has not stated anywhere that he was not negligence, he simply denied the happening of the accident, therefore, the finding of the learned tribunal with regard to contributory negligence is hereby set aside, apart from considering the evidence available on record and the looking to his hospitalization and injuries sustained by him on his body. The appellant is awarded further sum of Rs. 50,000/- to make the compensation just.

Hence, the claimant is entitled for an additional compensation of Rs. 1,02,750 (52,750 + 50,000) as enhanced compensation. Respondent Nos. 1 & 2 are directed to pay the enhanced compensation within 60 days from today. The impugned award stands modified to the above extent.

Appeals are partly allowed with modification in the impugned award to the extent as indicated herein above