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Judgment
Instant appeal has been filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 31.08.2016 passed by learned Judge, MACT, Dungarpur in Claim Case No. 519/2014 whereby, the learned Judge has awarded compensation in the sum of Rs. 1,83,421/- to the claimant appellant.
Succinctly stated, facts of the case are that a claim petition was filed by the claimant before the Motor Accident Claims Tribunal, Dungarpur, stating therein that on 21.11.2013, when the claimant was going to Sabla on his motor cycle, a Car with registration No. RJ 19CB 0959 being rash and negligently driven
by respondent no.1 hit the motorcycle due to which the claimant received simple and grievous injuries. As per claim petition, the claimant was 35 years of age and was earning Rs. 15,000/- per month and due to the said accident, he suffered 18% permanent disability, therefore, it was prayed in the claim petition that a sum of Rs. 27,62,000/- may be awarded as compensation in favour of the claimant.
The non-claimants no.1 & 2 i.e. owner and driver of the vehicle in their reply stated that the accident was caused due to negligence of the claimant and not that of driver of the car. The respondent insurance company also filed its reply and stated that the claimant was not having valid driving license and he was driving the vehicle in negligent manner and since the claimant had violated the terms and conditions of the policy, therefore, the insurance company is not liable to make payment of compensation.
Learned Judge, MACT Cases after taking into consideration the entire facts of the case while computing the compensation awarded a sum of Rs. 1,59,214/- as loss of income and against the medical expenses, the Tribunal on the basis of Bills Exhibit 14 to 16 and Ex.18 to 21 awarded a sumo f Rs. 14,207/- and for the mental and physical agony suffered by the claimant, the Tribunal awarded a sum of Rs. 10,000/-. Thus, a total compensation in the sum of Rs. 1,83,421/- was awarded to the claimant and the respondents were held to be jointly and severally liable.
Learned counsel for the appellant submits that the Tribunal has erred in taking the monthly income of the claimant to be only
Rs. 4914/- whereas, he was earning Rs. 15,000/- per month. It is further argued that the learned Tribunal has failed to take into consideration the evidence and material with regard to medical treatment of the injured as the injured remained under intensive medical treatment for several months months and therefore, he should have been awarded higher amount under the head of medical expenses.
Heard learned counsel for the parties. I have gone through the record and perused the impugned judgment/award passed by the learned Judge, MACT cases, Dungarpur.
It is evident from record that that the car being driven by driver respondent no.1 in rash and negligent matter hit the motorcycle of claimant due to which the claimant suffered grievous injuries and therefore, learned Tribunal rightly held the respondents to be jointly and severally liable for payment of compensation. As far as the quantum of compensation is concerned, while taking the monthly income of the deceased to be
Rs. 4914/- and applying the multiplier of 12, a sum of Rs. 1,59,214/- has been awarded to the claimant which does not call for any interference as the claimant has not produced an evidence with regard to his income and it is not established that the claimant was having a settled job and earning regular income. The Tribunal has awarded a sum of Rs. 10,000/- as consortium for mental and physical agony undergone by the claimant which also does not call for any interference. As far as the compensation under the head of medical expenses is concerned, from the perusal of record, it is revealed that the claimant in his claim petition so also in his statement had specifically averred that after initial treatment at Community Health Centre, Sabla, he was taken to Pandit Deendayal Government Hospital, Sagwada and thereafter, he was referred to higher centre "Sainath Orthopaedic Hospital" Ahmedabad. The said assertion is fortified from the Discharge ticket produced in evidence as Ex.P/12 and as per Medical Bill Ex.13, the claimant incurred a sum of Rs. 41,000/- towards medical expenses for treatment at "Sainath Orthopaedic Hospital" Ahmedabad. The learned Tribunal while passing the impugned award has neither discussed nor given any ground for discarding the said medical bill. Therefore, the Tribunal has erred in not granting the amount of medical expenses in the sum of Rs. 41,000/- towards the treatment undergone at "Sainath Orthopaedic Hospital" Ahmedabad. Thus, it is held that the claimant is entitled to get Rs.41,000/- in addition to the amount of compensation already awarded by the Tribunal.
Accordingly, the appeal is partly allowed and while modifying the judgment and award dated 31.08.2016, claimant is held to be entitled to get Rs.41,000/- in addition to sum of Rs. 1,83,421/- already awarded by the learned Tribunal. The enhanced amount of compensation shall carry interest at the rate of 9% per annum from the date of filing of claim petition till its actual realisation.