Bajrang alias Hanuman vs Balwant

Hari Pal Verma J.—The appellant/claimant has filed the present appeal seeking enhancement of compensation.

In a claim petition filed under Section 166 of the Motor Vehicle Act, 1988 preferred by the appellant, the learned Motor Accident Claims Tribunal (MACT), Rohtak has awarded a sum of Rs.12,13,854/- as total compensation in favour of the appellant/claimant along with interest @ 7.5% per annum from the date of filing of the petition till realization of the entire awarded amount.

The claimant has filed the claim petition seeking compensation to the tune of Rs.20,00,000/- on account of accidental injuries and permanent disability caused in an motor vehicular accident. The accident took place on 31.5.2011 at about 7.00 AM in the area of A.B. Road, near Sharma Hotel within the jurisdiction of Police Station Thirki, District Badwani.

As per claim petition, the appellant/claimant was working on truck bearing registration No.HR-46B-9461 as second cleaner along with one Sandeep son of Surender Pandit. The driver of the truck loaded luggage (clothes) from Delhi for taking the same to Bangalore. The driver of the truck had to go to check some other vehicle whereas Sandeep and claimant remained with the vehicle. On 30.5.2011, Sandeep asked the claimant to check the pressure of tyres of the truck. The truck was parked on the side of the road and when the appellant/claimant was checking the pressure of the tyres of the truck, in the meantime, a truck bearing Registration No.HR-56A-1104 driven in a rash and negligent manner came from behind, without blowing any horn, struck against the claimant. Due to the impact of this, the claimant suffered multiple grievous injuries on both hands and other parts of the body. He was taken to the hospital for treatment. Both the hands of the claimant were amputated so as to save his life. The matter was reported to the police by Sandeep. Accordingly, FIR No.98 dated 31.5.2011, under Sections 279 and 337 of the Indian Penal Code was registered against the driver of the offending vehicle at Police Station Thikri, District Badwani. The accident was not disputed and accordingly, the Tribunal has passed the award. As per medical record, the age of the claimant was about 20 years at the time of accident. His income was assessed as Rs.4500/- per month and by applying multiplier of 18, the Tribunal has awarded compensation of Rs.9,72,000/- on account of loss of future earning, attendant charges and future medical treatment etc. Thus, the total compensation comes to Rs.12,13,854/-.

Dissatisfied with the award that the compensation is inadequate, the claimant has filed the present appeal.

Learned counsel for the appellant has argued that taking into consideration the serious nature of injuries, which included amputation of both his hands, the Tribunal has awarded meagre amount of Rs.20,000/- under the head of pain and suffering. Similarly, Rs.20,000/- has been paid as special diet. Since it has been established that both hands of the appellant have been amputated in the accident, no amount of compensation under the head of attendant has been awarded. The appellant is required to keep one attendant so as to come to that stage where he can lead some reasonable life. Considering the nature of injuries, the appellant was required to visit hospitals for his treatment but no amount of transportation charges have been awarded.

On the other hand, learned counsel for the respondent- Insurance Company has argued that adequate amount of compensation has been awarded and the same does not require any interference.

I have heard learned counsel for the parties.

This Court found that the appellant was about 20 years of age on the date of accident. His earning has been shown as Rs.4500/- per month equal to a casual labourer. He has become 100% disabled as both his hands have been amputated, therefore, it can safely be observed that the appellant would not be able to earn his livelihood throughout his life rather he has to depend upon somebody and, therefore, he certainly requires an attendant. The award is totally silent regarding any sort of compensation towards attendant charges. Therefore, this Court finds that there is substance in the present appeal and the award dated 01.6.2013 certainly needs modification/enhancement.

Considering the nature of injuries caused to the appellant/claimant where both his hands were amputated and he remained in hospital for a long time, this Court finds that the amount of compensation under the head of pain and suffering needs to be increased. Accordingly, this Court awards Rs.1,00,000/- compensation to the claimant under the head of pain and suffering instead of Rs.20,000/- earlier awarded. Further, for such like injuries, major surgery must have been conducted and in order to recover from such like injuries, the claimant must have been advised nutrious and special diet. Therefore, he is also entitled for Rs.50,000/- for special diet instead of Rs.20,000/-. Since no amount of compensation was awarded towards attendant and transportation, this Court finds that considering the nature of injuries more particularly when both hands of the claimant have been amputated in the accident, he deserves Rs.1,50,000/- to keep an attendant. Since the injuries were serious in nature, he had to be transported to various hospitals, therefore, he is also entitled to Rs.50,000/- for transportation.

Accordingly, the award passed by the Tribunal is modified and the claimant is held entitled to the following additional amounts of compensation :-

Pain and suffering

Rs.80,000/-

(Rs. 20,000/- were granted earlier)

Special diet

Rs.30,000/-

(Rs. 20,000/- were granted earlier)

Attendant charges

Rs.1,50,000/-

Transportation charges

Rs.50,000/-

TOTAL

Rs.3,10,000/-

With this modification, the present appeal is disposed of.