Govind Singh vs Smt. Kamala Devi and Another

B.C. Kandpal, J.—This appeal, u/s 173 of the Motor Vehicles Act, 1973, has been preferred against the judgment and award dated 2-9-2004, passed by Motor Accident Claims Tribunal/District Judge, Chamoli, in MACT Case No. 37 of 2003, Govind Singh v. Smt. Kamala Devi and Anr.

The background facts in a nutshell are that on 27.11.2001, the claimant Govind Singh was travelling in Jeep No. U.A.-11-028 from village Kholai to Karanprayag. The Jeep was being driven by its driver at a high speed and in a negligent manner. When the said jeep reached near ''Karan'' Temple at about 9 A.M., it fell into a khud due to which a person has died and the claimant sustained grievous injuries. In the said accident ribs of the claimant were broken and he also sustained fractures on his hand and feet. He was admitted in Government Hospital Karanprayag from where he was referred to Dehradun for better treatment. According to the claimant he spent about Rs. Three Lacs on his treatment. The claimant filed petition for award of compensation of Rs. Four Lacs.

The Opposite Party No. 1/owner of the offending jeep did not contest the claim petition and the petition was heard and decided exparte against her.

The Opposite Party No. 2/Oriental Insurance Company contested the claim petition and filed its written statement alleging therein that the driver was not possessing valid driving license. The vehicle had no valid registration, fitness and insurance cover and the vehicle was being plied against the terms of insurance policy.

The Tribunal framed issues in the claim petition. The claimant in support of his claim produced himself as P.W.1 and Dr. Rajeev Sharma, Surgeon, Community Health Center, Karanprayag. He also filed papers pertaining to purchase of medicines etc. The Tribunal after hearing learned Counsel for the parties and going through the material on record, awarded a sum of Rs. 14,917-30 P. along with interest @ 5% per annum from the date of presentation of petition till the date of actual payment, against the Oriental Insurance Company.

Feeling aggrieved the claimant has preferredthis appeal for enhancement of compensation.

I have heard learned Counsel for the parties and perused the record.

Learned Counsel for the appellant has submitted that the Tribunal has awarded a meager amount of compensation. According to him, the injured had to remain hospitalized for nearly 7 months and had to be on medicines for nearly 3 years. Learned Counsel further submitted that the Tribunal has awarded a very low amount of Rs. 5,000/- for pain and suffering. He further alleged that the Tribunal has awarded interest on lesser side.

The learned counsel for the respondent/Insurance Company has submitted that the injuries of the injured were not grievous one and the Tribunal has awarded a just amount towards the compensation.

From perusal of record reveals that the claimant has filed documents pertaining to his treatment and an expense of Rs. 9,917=30P. was shown. The Tribunal has awarded this amount to the claimant under the head of medical expenses. Further an amount of Rs. 5,000/- has been awarded towards mental and physical pain and agony. The claimant has produced P.W.2, Dr. Rajeev Sharma, who has deposed that 3rd to 10th ribs of the injured were fractured. He also deposed that the injured also sustained fracture in his left hand. The injured remained under his treatment during the period 27-11-2001 to 16-12-2001. In his cross-examination this witness has admitted that the medicines recommended to the injured were not expensive. The claimant in his deposition also stated that he was treated in C.M.I. Hospital Dehradun on 27.12.2001 to 29.12.2001 where he was x-rayed. Besides the medical bills referred above, the claimant has not produced any other cash memos or receipts showing expenses towards his medical treatment. Therefore, in my opinion the learned Tribunal has rightly awarded the total amount of Rs. 14,917-30 towards medical expenses and mental and physical pain. It is also pertinent to mention here that the injured did not suffer any disability due to the injuries and his injuries were fully cured. Thus, the quantum of compensation, in the facts of the case, and on the basis of the evidence on record, cannot be said to be on lesser side.

So far as the rate of interest awarded by the tribunal is concerned, the same certainly appears to be on lesser side. In my opinion the rate of interest should be 7.5% per annum, instead of 5% per annum, as has been awarded by the Tribunal.

In view of above discussion, the appeal is liable to be partly allowed, so far as the interest part is concerned.

Accordingly, the appeal is partly allowed. The impugned judgment and award dated 2-9-2004 is modified up-to the extent that the claimant/appellant shall be entitled to get the amount of compensation of Rs. 14,917-30, awarded by the Tribunal, from Opposite Party/Respondent No. 2, Oriental Insurance Company, along with an interest @ 7.5% per annum from the date of presentation of claim petition till the date of actual payment, instead of @5% per annum, as has been awarded by the Tribunal.