Krishna Gopal Kashyap vs Imran Khan and Others

Subhash Samvatsar, J.—This appe is filed by the claimant for enhacement of compensation. The appellant-claimant has filed claim petition No. 41/1999 before the Motor Accident Claims Tribunal, Guna. This claim petition was decided by the impugned award dated 1.7.1999 and Claims Tribunal awarded a sum of Rs. 3,000 to the claimant towards compesation.

Counsel for appellant urged that the amount of compensation awarded by the Claims Tribunal is on lower side. On the other hand, Mr. M.P. Agarwal, Counsel for respondent No. 3 has supported the amount of compensation awarded by the Tribunal.

Short facts of the case are that the claimant in the present case was travelling in a bus owned by Roadways on 27.7.1996. The bus met with an accident with a Video Coach bearing registration No. M.P.-09-S-2301 in which the present appellant was injured. The Claims Tribunal found that accident had taken place due to rash and negligent driving of Video Coach driven by respondent No. 1. The Claims Tribunal has found that the claimant failed to prove that he received permanent partial disablement. The Claims Tribunal found that injury sustained by the claimant was simple in nature. This finding is challenged by the appellant. The appellant has examined himself as A.W. 1. He has stated that he was involved in the accident on 27.7.1996 and was injured. He stated that he has got injuries in his ribs, both knees and other places of his body, which resulted in permanent e disablement. He has also stated that he has incurred expenses of Rs. 25,000 towards his treatment. To corroborate his statement he has examined Dr. H.R. Jangde A.W. 4. The Doctor has stated that he had examined the claimant on 23.10.1996 i.e., nearly after three months of the accident. This doctor has nowhere stated that there was any fracture or permanent disablement to the claimant. He has stated that when he examined the claimant, the claimant was feeling pain in his left shoulder on pressing the same. Thus, this doctor has nowhere stated that claimant has suffered any fracture or permanent disablement. Therefore, the Claims Tribunal has rightly held that the injury suffered by the claimant was simple in nature.

As regards quantum is concerned, the Claims Tribunal has awarded Rs. 3,000 towards pains and sufferings, special diet, medical expenses, etc. In the present case claimant has filed some bills and vouchers. The total of these bills is approximately Rs. 250. He has not submitted any other bills or vouchers. However, in the statement of A.W. 4 it has come in his evidence the claimant was feeling pain even after three months of the accident. Considering this the amount of Rs. 3,000 awarded by the Claims Tribunal is at lower side and it is enhanced to Rs. 5,000 (Rupees five thousand only). The appellant shall be entitled to interest on the enhanced amount at the rate of 6% per annum.

In the result, the appeal is partly allowed with the aforesaid modification.