AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal has been preferred for the enhancement of the award of compensation so granted by the learned Tribunal vide its judgment and order dated 31.10.2015.
The facts are that the accident occurred on 16.10.2010 at 6.30 PM when the motorcycle no. UP20V- 8248 driven by Mr. Mukesh Kumar with pillion rider Master Gaurav Kumar Singh was dashed by truck no. UP21N-7341. As a consequence thereof, Master Gaurav Kumar Singh (who was at that time more than 16 years of age) was seriously injured inasmuch as there were grave injuries in his left hand as well as in the right front hand. He underwent treatment in several hospitals and ultimately his left hand had to be amputated from elbow downwards. The medical board issued the disability certificate declaring Master Gaurav Kumar Singh 50 per cent disabled.
An FIR was lodged on 21.10.2010 under the Crime No. 545/2010 for the offences under Section 279, 337, 338 IPC. Investigation culminated into submission of the chargesheet against the driver of the truck Mr. Dharamveer Singh.
Learned Counsel of the claimant shown the question and answer dated 25.2.2017 issued from the Court of Judicial Magistrate, Thakurdwara, District Moradabad, wherein it has been shown that the case no. 57/2011 is still pending trial before the Court wherein no statement of any injured or witness has been recorded so far.
Injured Master Gaurav Kumar Singh presented a MACP Petition No. 398/2012 claiming compensation to the tune of rupees fifty lakhs. The learned Tribunal after considering all the relevant facts and circumstances has granted compensation of Rs. 7,05,276/-. The break of such award is reproduced as under:
Expenses on medical bills & medicines Rs. 3,30,276
For physical suffering Rs. 20,000
For nutritious food Rs. 10,000
Journey expenses Rs. 15,000
Loss of two months income during the period of treatment (3000X2) Rs. 6,000
Loss of future income of the claimant on the basis of 50 per cent disability and according to the age of claimant (about 16 years) 36000 X 18 X 50 ÷ 100 Rs. 3,24,000
Total amount of compensation 3,30,276 + 20,000 + 10,000 + 15,000 + 6,000 + 3,24,000 Rs. 7,05,276
Certainly this unfortunate incident with Master Gaurav Kumar Singh has heavy bearing on the rest of his life and no amount of compensation will be sufficient for him to repair the loss which he has suffered on account of such accident because every internal and external part of the body cannot be replaced by the bundle of currency
notes. The only aim and objective of granting the compensation is to content the sufferer to an extent by way of making payment of just and reasonable compensation.
Considering the whole facts and circumstances, I enhance the compensation on the score of pain and suffering by rupees one lakh.
This appeal is partly allowed. The amount of compensation, as awarded by the Tribunal, is enhanced by rupees one lakh under the aforementioned head. Impugned judgment and order is modified to this extent only.
Let the LCR be sent back.