Bhura vs Manohar Singh and Others

N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 25.7.2000 passed by Second MACT, Mhow in Claim Case No. 15/1997, whereby sum of Rs. 1,58,250 has been awarded along with interest @ 12% per annum, the present appeal has been filed.

Learned Counsel for the appellant submits that the breakup of Rs. 1,58,250 is as under:

Towards general damages : Rs. 1,01,205 Towards medical expenses : Rs. 47,000 Towards transport expenses : Rs. 3,000 Towards attenders : Rs. 1,000 Towards special died : Rs. 1,000 Towards pain and sufferings : Rs. 5,000

Learned Counsel for the appellant further submits that on account of accident appellant was hospitalized for a period of 57 days on four occasions in Choithram Hospital. Appellant sustained fracture of left thigh bone, commuted fracture of left thigh. There were 25 stitches on his head. Part of the ear was cut off. The disability of the appellant has been assessed as 60% for which the medical evidence has been produced. It is submitted that the appellant has submitted the bills of Rs. 84,300, while learned Tribunal awarded a sum of Rs. 47,000 only.

Learned Counsel for respondent No. 3 Shri Vijay Bakshi submits that amount awarded is just and proper.

After perusal of the record it appears that appellant has submitted the bills of Rs. 84,300, which are Exhibits-P-12 to P-179. No justification and proper reason has been assigned for rejecting the balance amount of medical expenses. On other heads also the amount appears to be on lower side. From the evidence it is apparent that appellant was having agricultural land of 0.84 hectares (Exhibit P-104). Appellant was also having the milking cattle which were more than 20 in numbers. Thus, it can safely be said that the income of the appellant was Rs. 100 per day which comes to Rs. 3,000 per month. After applying the multiplier of 15, the total income comes to Rs. 5,40,000. The disability of the appellant has been found as 60%. Even if it is taken as 30% then too loss of future income comes to Rs. 1,64,250.

Appellant was operated twice. Plate has been inserted and external fixator has been fixed. As per the medical evidence appellant has to go for surgery for removal of plate. No amount has been awarded towards future medical expenses. In view of this appellant is entitled for following amounts:

Towards permanent disability : Rs. 1,64,250 Towards medical expenses : Rs. 84,300 Towards pain and sufferings : Rs. 10,000 Towards future medical expenses : Rs. 10,000 Towards special diet and expenses incurred on attenders : Rs. 12,450

Total amount for which the appellant is entitled comes to Rs. 2,80,000 instead of Rs. 1,58,250. Enhanced amount of Rs. 1,21,250 shall carry interest @ 6% per annum.

With the aforesaid modifications, appeal stands disposed of.