Bhagwan Singh vs M.P. Road Transport Corporation and Another

N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1999 passed by MACT, Mandsaur in Claim Case No. 127/1998 whereby learned Tribunal has awarded a sum of Rs. 66,000 along with interest @ 12% per annum, the present appeal is filed.

Learned Counsel for the appellant submits that the left leg of the appellant has been amputated from below the knee. It is submitted that the amount of Rs. 66,000 is on lower side. It is submitted that out of Rs. 66,000, Rs. 25,000 has been awarded towards loss of future earning, Rs. 28,000 has been awarded towards loss of earning during the peripd when the appellant was under treatment, Rs. 3,000 towards medical expenses and Rs. 10,000 towards pains and sufferings. Learned Counsel submits that award of Rs. 25,000 towards future earning is on lower side. It is submitted that at the time of accident appellant was working as Constable in S.P. Office and his future prospectus has not been taken into consideration. It is submitted that permanent disability has been assessed as 65%. For this contention, learned Counsel placed reliance on a decision reported in U.P. State Road Transport Corporation Vs. Raj Kumar Gupta and Others, , wherein in a case of "amputation of right leg, injured who was Deputy Manager in a State Corporation, suffered fractures of both legs and was hospitalized in three hospitals was awarded Rs. 82,32,758 in all as compensation". Further reliance has been placed on a decision reported in Pyar Chand Vs. Himachal Pradesh Road Transport Corporation and Another, , wherein a case of "amputation of right leg below knee, a sum of Rs. 5,00,000 was awarded".

Mr. A.K. Sethi learned Counsel for respondent Nos. 1 and 2 submits that the amount awarded is just and proper. It is submitted that the law laid down in case of U.P.S.R.T.C. (supra) is not applicable in the present case. It is submitted that in that case both the legs were fractured and injuries incurred. Expensed of Rs. 4,58,588 in his treatment, while in the present case only a sum of Rs. 3,000 has been incurred towards medical expenses, which has been awarded by learned Tribunal.

Mr. Sethi further submits that law laid down in the case of Pyar Chand v. H.P.R.T.C. (supra) is also not applicable in the present case because in that case also while awarding the amount of Rs. 5,00,000 a sum of Rs. 1,41,000 were on account of medical treatment, Rs. 1,25,000 for loss of leave and future earning, Rs. 26,000 for artificial limb and Rs. 58,000 for expenses on transportation and special diet and Rs. 1,50,000 towards pains and sufferings.

After taking into consideration all the evidence on record it appears that the amount awarded by the learned Tribunal is on lower side. Leg of the appellant has been imputed, no amount has been awarded towards conveyance charges. The amount of Rs. 10,000 awarded towards pains and sufferings is on lower side. There is no loss of income as appellant was in Government Services but on account of accident appellant was required to take all kinds of leave admissible to him. Life of the appellant would not be normal. He will not be able to walk swiftly. It will be difficult for him to catch a bus or train and climbing steps. In the circumstances the appeal stands allowed. The amount of award is enhanced from Rs. 66,000 to Rs. 1,50,000. The enhanced sum of Rs. 84,000 shall carry interest @ 6% p.a. from the date of application.

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