Mehul Nanubhai Vadera vs Devendrasinh Jatubha Jadeja and 1 Another

M.D. Shah, J.—This appeal has been filed by the original claimant for enhancement of compensation being aggrieved and dissatisfied with judgment and award dated 26-10-2007 passed by the Motor Accidents Claims Tribunal (Aux.), Bhavnagar, in MACP No. 403 of 1996 whereby the claimant was awarded compensation of Rs. 1,42,891/- to the claimants with interest @ 7.5% per annum. Facts in short are that a claim petition was filed by the minor claimant claiming compensation of Rs. 3,50,000/- for injuries suffered by him in the accident which happened on 1-4-1996 at 1.30 noon opposite to Dadasaheb Jain Derasar, Kalanala. It was inter alia contended that the claimant was proceeding to Subhashnagar on Luna as a pillion rider. It was further contended that when Luna reached near Derasar, ST Bus No. GJ-1Z-3990 driven rashly and negligently by its driver dashed the Luna from behind due to which the Luna was dragged 4 feet away from the place causing fracture injuries of urethra vane pelvic muscle crush on the claimant. After hearing the learned advocates appearing for the parties and considering oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

I have heard learned advocates for the respective parties and have also taken into consideration oral as well as documentary evidence including documents such as FIR, panchnama, treatment papers and other evidence.

The learned advocate for the appellant has restricted his arguments only on the total amount awarded. He contended that the injured claimant had wheel marks on abdomen at right limber region and pelvic region and right lower abdomen as per the certificate issued by Sir T. Hospital. As per the certificate issued by Dr. Shailesh Shah Ex. 32, the claimant was suffering from stricture urethra (Traumatic) for which perineal urethra pussy was performed on him and doctor has assessed his permanent disability in the range of 15 to 20% and, therefore, according to him, marriage prospect of the claimant in future is severely affected. It is further submitted that considering the agony suffered by the claimant, the amount awarded by the Tribunal is on the lower side. It is further submitted that though medical bills of approximately Rs. 1,00,000/- were submitted, only an amount of Rs. 75,191/- was sanctioned. It is therefore requested that the award may be modified by substantially increasing the amount of compensation payable to the claimant.

This Court has gone through the impugned judgment and award together with the oral as well as documentary evidence including the medical papers. This Court has also considered the medical certificates issued Sir T. Hospital and Dr. Shailesh Shah. It appears that the claimant was suffering from stricture urethra and operation of perineal urethra pussy was performed on him. It also appears that permanent disability of the claimant has been assessed by the doctor in the range of 15-20%. It is also clear that due to fracture injuries, the claimant suffered great mental agony as marriage prospect of the claimant is seriously affected. It is noted that the Tribunal has granted only Rs. 75,191/- as against medical bills of Rs. 1,00,000/-. Considering all the aforesaid facts, this Court is of the opinion that if an additional sum of Rs. 65,000/- is awarded to the claimant with interest as awarded by the Tribunal ends of justice would be met.

Thus, this appeal is partly allowed. The claimant is entitled to an additional compensation of Rs. 65,000/- with interest as awarded by the Tribunal on the additional amount. The impugned judgment and award is modified to the aforesaid extent. The remaining part of the judgment and award would remain unaltered. The Insurance Company shall deposit the additional amount within a period of six weeks from today. Office to send back the records and proceedings, if any, forthwith.