Hitesh vs P. Swami

This appeal has been preferred by the Appellant/Claimant under Section 173 of the Motor Vehicles Act, 1988 being aggrieved by the impugned award dated 12.11.2018 passed by learned First Additional Motor Accident Claims Tribunal, Bilaspur, District-Bilaspur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Cases No. 173/2017.

Claim petition under Section 166 of the Motor Vehicles Act, 1988 filed before the Claims Tribunal inter alia on the ground that on 07.04.2016 at the plot of Appellant/Claimant, boring work was going on, the work was carried out by Respondent No.1/driver of the bore machine bearing Registration No. CG 10 M 2700, which was owned by Respondent No.2 and insured with Respondent No.3. At that time the Appellant/Claimant was present there and due to negligence of Respondent No.1, bore pipes which were kept in boring machine fell on shoulder of the Appellant/Claimant due to that the Appellant/Claimant sustained multiple injuries, his spinal cord was snapped and his lower body became permanent paralyzed for whole life. A report was made against driver of the bore machine/Respondent No.1, on the basis of said report, criminal case was registered against him and charge-sheet was filed. Due to the said accident, backbone of the Appellant broken from two places. He was treated in Apollo Hospital, Bilaspur and Ramkrishna Care Hospital, Bilaspur. He was further treated in Radhey Shaym Ashakt Suvidha Kendra, Amleshwar Raipur (C.G.) and Christian Medical College, Vellore, (Tamil Nadu). According to the disability certificate given by Doctor S.S. Bhatia (Appellant Witness No.3), the Appellant was found in 90% permanent disability. The claim petition filed by the Appellant/Claimant to the tune of Rs.4,71,60,000/-.

Respondents No.1 & 2 have filed their written statement before the Claims Tribunal and denied the averments of the Appellant/Claimant. It was pleaded by them that at the time of accident, Respondent No.1 was holding valid and effective driving license and at the time of accident, the vehicle was insured with Respondent No.3-Insurance Company, therefore, the insurance company is liable to pay any compensation, if any.

Respondent No.3-Insurance Company filed their separate written statement and pleaded that at the time of accident, Respondent No.1 was not holding valid and effective driving license, therefore, the insurance company is not liable to pay any compensation.

After hearing the parties and recording the evidence, the Claims Tribunal vide impugned award dated 12.11.2018 awarded compensation of Rs.5,00,000/-. Hence, this appeal has been preferred by the Appellant/Claimant for enhancement of the awarded compensation.

Learned Counsel appearing for the Appellant/Claimant submits that the amount awarded by the Claims Tribunal is in very lower side. The Claims Tribunal failed to appreciate that the Appellant has suffered severe multiple compound fracture on his shoulder and spinal cord leading to permanent disability and paralysis for whole life. The Appellant operated multiple times and also unable to do his natural works without support of an attendant. He is also admitted more than six months in hospitals. The Appellant will need attendant for his whole life, his marriage is also not possible. Therefore, looking to the injuries sustained by him, awarded amount of compensation may suitably be enhanced.

Learned Counsel appearing for Respondents No.1 to 3 supported the impugned award.

I have heard learned counsel appearing for the parties and perused the impugned award and other material available on record.

Undisputedly, at the time of accident, Respondents No.1 & 2 were driver and owner of the bore machine. There is also no dispute on the point that the bore machine was insured with Respondent No.3. As per the statement of Dr. S.S. Bhatia(Appellant Witness No.3), and the documents related to the medical treatment of the Appellant, it is also established that there was a fracture in D-7 & D-8 bone of the Appellant which was operated. His legs are paralyzed and according to the certificate given by Dr. S.S. Bhatia(Appellant Witness No.3), the Appellant was found in 90% disability. As per the opinion given by Dr. S.S. Bhatia, lower body of the deceased become paralytic. The Claims Tribunal granted Rs.3,00,000/- towards physical and mental pain and Rs.2,00,000/-towards nutritious diet and for attender. Total Rs. 5,00,000/-.

On the admission made by the Appellant/Claimant, it is established that the Appellant is in permanent government job and no deduction has been made from his salary due to the accident, even an increment has been added to his salary, therefore, the Claims Tribunal has rightly arrived on the conclusion that the appellant have not suffered from any future loss of income. The Appellant/Claimant also admitted the fact that expenses of treatment i.e. Rs.3,31,000/- has already been reimbursed by him from his department. Only on this ground, the Claims Tribunal has not granted any amount on the head of medical expenses.

Considering the fact that the appellant was continuously admitted and treated in various hospitals due to serious injuries, during that period, the family members of the appellant also suffered from trauma, therefore, it may not have been possible for them to collect the medical bills from shops every time or otherwise kept them safe. Though, the Appellant had already reimbursed an amount of Rs. 3,31,000/- but, it would be appropriate to grant additional sum of Rs.50,000/- towards medical expenses from which the Appellant not having the purchase bills.

Considering the treatment period of the Appellant/Claimant, it can be presumed that on this period, family members of the Appellant must have had to travel from hospitals to home, from home to hospitals several times, therefore, it would be appropriate to grant additional sum of Rs.50,000/- towards transportation expenses.

The Claims Tribunal has awarded Rs.2,00,000/- towards nutritious diet and for an attendant. Considering the injuries of the Appellant and looking to his condition, it can be presumed that he may need an attendant as well as nutritious diet for his whole life. Thus, on this head, Rs.2,00,000/- as awarded by the Claims Tribunal appears to be lower side. It would be appropriate to grant additional sum of Rs.3,00,000/- to the Appellant/Claimant towards expenses which will be occurred for an attendant and additional sum of Rs. 2,00,000/- towards his future nutritious diet.

The Claims Tribunal on the head of physical and mental pain awarded Rs.3,00,000/-. Considering the fact that the appellant become paralytic, day by day he has to go through the trauma of the accident for whole life, therefore, looking to the above, amount of Rs.3,00,000/- appears to be very lower side. An additional amount of Rs.10,00,000/- would be appropriate to grant the Appellant for the mental and physical pain which he would have to bear throughout his life.

Looking to the above observation, now I shall recompute the amount of compensation to be awarded to the Appellant/Claimant which reads as under:-

S.No.

Heads

Calculation (in rupees)

1.

Towards transportation expenses (during treatment)

Rs. 50,000/-

2.

Towards medical expenses (bills which have not obtained/misplaced)

Rs. 50,000/-

3.

Towards nutritious diet and attendant

Rs.7,00,000/-

4.

Towards physical and mental pain

Rs. 13,00,000/-

Total

21,00,000/-

Thus, the Appellant/ Claimant is awarded to Rs. 21,00,000/- instead of Rs. 5,00,000/- as awarded by the Claims Tribunal.

Amount of Rs.21,00,000/- shall carry interest @ 6 % per annum from the date of filing of the claim petition before the Claims Tribunal. The above amount of compensation shall be paid by Respondent No.3/Insurance Company within three months from the date of receipt of copy of this order before the First Additional Motor Accident Claims Tribunal, Bilaspur (C.G.).

After deposition of the above amount, a sum of Rs.15,00,000/-shall be deposited in any nationalized bank for a period of 5 years in favour of the Appellant/Claimant and remaining 6,00,000/- shall be disbursed to the Appellant/Claimant through account pay cheque. The Appellant will be entitled to get quarterly interest on the fixed deposit amount.

Resultantly, the appeal is allowed and disposed of with the above observation.