Devendra vs New India Assurance Co. Ltd. and Others

N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 31.12.2002 passed by MACT, District Khargone in claim case No. 43/2002 whereby a sum of Rs. 61,000 has been awarded along with interest @ 9% per annum, the present appeal has been filed.

Learned Counsel for the appellant submits that on account of the accident the appellant has sustained fracture of tibia and fibula bone in right leg and there was a dislocation of hip joint. It is submitted that the appellant was hospitalized in Primary Health Centre, Kasrawad, District Khargone from where he was referred to Gokuldas Hospital, Indore. It is submitted that from 26.4.2000 to 30.4.2000 the appellant remained hospitalized. Thereafter again from 27.5.2000 to 29.5.2000 appellant was hospitalized in the same hospital. Thereafter, appellant went to Sancheti Hospital, Pune where he was hospitalized from 11.12.2000 to 29.12.2000 where he was operated thrice, rod was inserted and nailing and screwing were also done. It is submitted that the break-up of amount awarded is as under:

Rs. 25,000 towards permanent disability Rs. 15,000 towards medical expenses Rs. 16,000 towards loss of income for a period of 8 months. Rs. 05,000 towards pains and sufferings.

Learned Counsel for the appellant submits that there was a permanent disability of 27%. Appellant was a young-man of 25 years of age. Appellant was businessman, his business suffered adversely. It is submitted that the amount awarded towards pains and sufferings is not just and proper. The amount awarded towards permanent disability is also on lower side. Similarly, on account of attendant nothing has been awarded and no travelling expenses has been awarded. No amount has been awarded towards special diet. On account of accident parents and relatives of the appellant stayed at Indore as well as at Pune and visited Pune at number of occasions. It is submitted that Rs. 90,000 has been spent by the appellant for treatment while the learned Tribunal has awarded only Rs. 15,000 towards medical expenses.

Learned Counsel for the respondent No. 1 submits that the amount awarded by the learned Tribunal to the appellant is just and proper. It is submitted that treating doctor has not been examined. Medical certificate filed by the appellant is not believable as the same has not been issued by treating doctor. The bills which has been submitted are duplication on the basis of which it cannot be believed that a sum of Rs. 90,000 has been spent by the appellant towards medical expenses.

Learned Counsel for the appellant placed reliance on a case Mohammad Rashid Khan Vs. Madhya Pradesh State Road Trans. Corporation and Another, wherein on account of compound fracture in left ankle joint and right pubic bone, injured remained hospital ized in two hospitals for quite long and underwent operations when rod was inserted in left leg and skin grafting was done, no movement in left ankle, left leg has been shortened by 2" and working capacity reduced to 50%, injured a mechanic in MES continued to work as such with no loss in salary, a Division Bench of this Court allowed Rs. 1,00,000 for permanent disablement, Rs, 50,000 for pains and sufferings, Rs. 10,000 for transport, Rs. 10,000 for special diet and Rs. 5,000 for loss of salary, totalling Rs. 1,75,000. Further reliance was placed on the case of Mannulal Vs. Chhagan Lal Chauhan and Others, wherein a Division Bench of this Court awarded a sum of Rs. 1,72,903 on account of fracture in right leg resulting in permanent disability of 28%.

After taking into consideration all the evidence on record, it appears that the amount awarded by the learned Tribunal to the appellant is on lower side and after scrutiny of the bills which are Ex. P/8 to Ex. P/60, it appears that the appellant has spent a sum of Rs. 44,918 which can be rounded to Rs. 45,000. Instead of Rs. 90,000 against which a sum of Rs. 15,000 only was awarded which is on lower side. A sum of Rs. 30,000 can be enhanced on account of medical expenses. On account of travelling expenses no amount has been awarded. Since the appellant visited Indore and Pune at number of occasions with his parents, therefore, on that account appellant is entitled for a sum of Rs. 19,000 which also includes the expenses incurred by the appellant towards attendant. Appellant is also entitled for enhancement of Rs. 3 5,000 on account of permanent disability. Appellant is further entitled for Rs. 10,000 as special diet. Accordingly, appeal is allowed in part. The amount of award is enhanced from Rs. 61,000 to Rs. 1,35,000. The enhanced amount of Rs. 74,000 shall carry interest @ 6% per annum from the date of application. No order as to costs.

With the aforesaid modifications appeal stands disposed of.