Gopal vs R.S. Kothani and Another

Mahesh Bhagwati, J.—Being dissatisfied with the amount of compensation under the award dated 27th March, 2001 rendered by Motor Accident Claims Tribunal, Jaipur, the Appellant has preferred this appeal for enhancement of the quantum of compensation.

In this case, the Appellant Gopal sustained two grievous injuries and three simple injuries in an accident. He is found to have suffered 22% permanent partial disability. He was employed as a peon in Account General Office, Jaipur at the time of accident. On account of having sustained injuries on his skull, legs and mouth, he is unable to perform his routine functions smoothly, hence he has prayed to enhanced the amount of award.

Heard the learned Counsel for the Appellant as also the learned Counsel for the Respondent No. 2 and carefully perused the relevant material on record.

Learned Counsel for the Appellant has reiterated those very grounds in his argument as enumerated in the memo of appeal.

Learned Counsel for the Respondent No. 2 has defended the impugned award and called the same to be just and proper. She has submitted that the learned Tribunal while passing an award, took care of pain, suffering and reimbursed all amount of medical bills spent on treatment.

Having reflected over the submissions made at the bar and carefully scanned the relevant material on record, it is noticed that the claimant sustained grievous injuries on his left leg and skull. His four teeth were broker, in the accident. He stated before the Tribunal that he sustained one injury near eye also. On account of having broken four teeth, he has not been able to eat food properly. He remained on bed for about five months as a result of which he not only suffered economic loss but physical pain and trauma too. Albeit, the learned Tribunal is found to have taken care of all the aspects of the case and awarded money on various heads but the amount of Rs. 20,000 awarded against the head of physical pain and trauma, seems to be meagre. I, keeping in view all the facts and circumstance of case, deem it just and proper to raise this amount from Rs. 20,000 to Rs. 40,000. Thus, the Appellant shall be entitled to claim Rs. 92,580 instead of Rs. 72,580 from Respondent Nos. 1 and 2 severally and jointly.

For these reasons, the appeal succeeds. The amount of compensation is enhanced from Rs. 72,580 to Rs. 92,580. Rest of the terms of the award shall remain unchanged. The impugned award stands modified as indicated hereinabove.

There shall be no order as to costs.