Yadu Kumar vs Pillah and Others

N.K. Mody, J.—This is an appeal filed by the claimant u/s 173 of the Motor Vehicless Act against an award dated 28th June, 2004 passed by II Motor Accident Claims Tribunal, Ratlam in Claim Case No. 5/2003 whereby the claim petition filed by the Appellant was allowed in part and compensation of Rs. 1,04,000/- was awarded to the claimant by way of compensation for the injury which Appellant sustained in an accident. According to claimant i.e. Appellant herein, the compensation awarded is on 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 of 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, which 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 claimant''s 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 manner, 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 awarded amount is as under:

Towards permanent disability

Rs.

49,500/-

Towards medical expenses

Rs.

48,685/-

Towards pain and suffering

Rs.

5,000/-

Towards travelling expenses

Rs.

249/-

Towards special diet

Rs.

566/-

Learned Counsel for the Appellant submits that Appellant who was aged 48 years on the date of accident which took place on 8th April, 2002 sustained fracture of scapula bone of right side, fracture of femur bone and also head injuries and hepatic injuries. Appellant was hospitalized at District Hospital, Ratlam from where he was referred to Bapna Hospital where he was hospitalized from 8th April, 2002 to 18th April, 2002. It was alleged that Appellant was again hospitalized from 13th June, 2002 to 31st June, 2002. Thereafter, Appellant was referred to Ahmedabad where he was hospitalized from 23rd July, 2008 to 24th July, 2008. It is submitted that medical evidence was adduced according to which Appellant sustained 43% permanent disability but learned Tribunal has assessed the same as 10%. It is submitted that Appellant has also filed documents for treatment before this Court amounting to Rs. 44,734. It is submitted that in the facts and circumstances of the case appeal be allowed and documents be taken on record and amount be enhanced.

Learned Counsel for Respondent No. 2 submits that learned Tribunal has rightly assessed their permanent disability to the extent of 10%. It is submitted that amount awarded is just and proper.

After taking into consideration all the facts and circumstances of the case and looking to the injuries sustained by Appellant, who is present in Court, this Court is of the view that Appellant sustained 15% permanent disability of the whole body. Income of the Appellant has rightly been assessed as Rs. 5,000/- per month. Accordingly the Appellant is entitled for the following amount:

Towards permanent disability

Rs.

75,000/-

Towards pain and suffering

Rs.

10,000/-

Towards travelling expenses

Rs.

20,000/-

Towards special diet

Rs.

10,000/-

Towards exp. incurred on attendees

Rs.

10,000/-

Towards loss of income

Rs.

25,000/-

Towards medical expenses

Rs.

1,00,000/-

Total

Rs.

2,50,000/-

Thus, Appellant shall be entitled for a sum of Rs, 2,50,000/- instead of Rs. 1,04,000/-. The enhanced amount of Rs. 1,46,000/- shall carry interest @ 8% per annum from the date of application. The amount including costs shall be deposited by the Insurance Company with the learned Tribunal and the learned Tribunal is directed to invest 80% of the said amount (excluding costs) on long term fixed deposit in the name of Appellant in the nearest nationalized bank, in the area where Appellant is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of Appellant which shall be opened by Appellant from where Appellant can withdraw the amount as per his needs. However, on an application filed by the Appellant, this condition can be modified by the learned Tribunal in exceptional circumstances, if made out by the Appellant.

With the aforesaid modification the appeal stands disposed off. No order as to costs.