Kachru alias Langdu vs Sunil (died) through L.Rs. and Others

Shantanu Kemkar, J.

This appeal has been preferred against the award dated 20-10-2004 passed by Additional Motor Accident Claims Tribunal, Multai, District Betul in Claim Case No. 101/2000.

As per the claim petition the appellant a patient of polio was going on his tricycle on 22-5-2000. When his tricycle reached near Madina Maszid at Multai, a motor cycle No. MP-05-9271 driven by the first respondent rashly and negligently came from behind and dashed the appellant''s tricycle. As a result of which the appellant fell down and the motor cycle ran over his right leg. The appellant sustained fracture of his right femur and his four teeth were broken.

The respondents opposed the claim petition and denied the occurrence of accident. It was stated that the appellant was already disabled person and therefore the injuries can not be said to be caused due to the alleged accident.

The Claims Tribunal framed issues and recorded evidence and held that the appellant sustained grievous injuries resulting fracture of femur causing 30% permanent disability and his 4 teeth were broken. The Tribunal awarded compensation of Rs. 40,000/- (Rs. 5000/- for medical expenses, special diet, transportation expenses, Rs. 5000/- for physical pains and mental agony and Rs. 30,000/- for permanent disability).

Shri A.D. Mishra, learned Counsel appearing for the appellant contended that the award passed by the Claims Tribunal is on lower side and deserves to be enhanced. He also contended that since the appellant was already a disabled person, further disability to the extent of 30% of his right leg has caused 1.00% permanent disability to the appellant.

Shri Dinesh Koushal, learned Counsel appearing for insurer has supported the award and has contended that the award being just and proper, there is no need for any enhancement.

In order to prove the injury appellant Kachru (A.W. 1) has deposed that he suffered grievous injuries in the said accident and his four teeth were broken. He also stated that he was a cook working at Puja Hotel where he used to cook vegetarian and non-vegetarian food and was getting Rs. 100/-per day. He further stated that apart from salary he was getting meals in the said Hotel. Dr. Yogesh Garhekar (A.W. 3) stated that he treated the appellant on 22-5-2000 and applied plaster on his right leg. He stated that appellant''s femur of right leg was fractured. He assessed the total disability in the right leg to the extent of 30%. Deepak Pandey (A.W. 4) owner of Deepak Hotel deposed that he used to pay Rs. 100/- per day to the appellant who used to cook the food in his hotel. He also stated that appellant used to cook vegetarian and non-vegetarian food. He further deposed that after the accident the appellant has become disabled and can not work. Dr. V.S. Shrivastava, Dental Surgeon has stated that the appellant was admitted in District Hospital, Betul on 23-5-2000. His four teeth were broken and there was disfigurement of his face.

Having regard to the aforesaid evidence we are of the view that the compensation awarded by the Claims Tribunal is on lower side and deserves to be enhanced. In our view the appellant is entitled for Rs. 20,000/- for medical expenses, special diet and expenses of attendant Rs. 30,000/-, for physical pain and suffering. Rs. 30,000/- awarded by the Tribunal for permanent disability of 30% is maintained. In addition for loss of 4 teeth a further sum of Rs. 20,000/-is awarded. Thus, a total compensation of Rs. 1 lakh is awarded. The enhanced compensation shall carry interest @ 6% per annum from the date of claim petition till payment.

Thus, with the aforesaid modification the appeal is allowed in part. No order as to cost.