Mohammad Alfaiz vs Ayaz Ahmad And Others

Avanindra Kumar Singh, J

1) This miscellaneous appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement of compensation award in Motor Vehicle Case No. 265/2009 (Mohammed Alfaiz Vs. Ayaz Mohammed and others) by the XVIIIth Additional Motor Vehicles Claims Tribunal, Jabalpur vide judgment dated 27.08.2011 by which the learned Tribunal has awarded Rs. 24,609/- for injury caused to the claimant although the claimants have claimed a compensation of Rs.2,76,000/-.

2) As per the claimant, on the date of the accident i.e. 24.04.2009, while he was walking towards Gaushiya Colony from his residence then near Noorani Masjid Road, non-applicant No.1 Ayaz Ahmed Ansari came driving Hero Honda motorcycle bearing No. M.P.-20-M.F.-4651 in a rash and negligent manner and hit him by motorcycle due to which he fell down and injury was caused.

3) It is further submitted by the claimants that an F.I.R. bearing Crime No. 230/2009 under Sections 279, 337 of the I.P.C. was registered. He sustained serious injuries, therefore, filed claim petition for the compensation.

4) Non-applicants No. 1 and 2 i.e. driver and owner of the offending vehicle bearing No. M.P.-20-M.F.-4651 replied that there was no accident due to their vehicle. The vehicle was insured by the Oriental Insurance Company Limited. They had a valid driving licence.

5) The Insurance Company, in their reply, stated that the motorcycle was being driven without a valid driving licence. There was breach of insurance policy, therefore, Insurance Company is not liable.

6) Against the award, the grounds stated are that it has not been properly appreciated that the appellant was a minor child of six years at the relevant time of accident. He is unable to walk properly. He has suffered and is still suffering mental and physical agony. There was injury in his head for which he has take treatment continuously. His career has been spoiled, therefore, he seeks further enhancement of the claim amount.

7) Learned counsel for the non-applicant No.3 Insurance Company Shri N.S. Ruprah opposed the enhancement of the compensation.

8) Respondents No.1 and 2 do not appear before this Court inspite of service of notice.

9) The question is whether the amount of compensation can be enhanced or not ? If the answer is in affirmative, then by what amount ?

10) During the pendency of this miscellaneous appeal, the appellant had filed I.A. No. 1201/2023, which is an application under Order 41, Rule 27 of C.P.C. for taking on record additional documents regarding treatment.

11) Both the learned counsel were heard on this application and documents were perused. The documents filed are treatment papers of the claimant after the award dated 27.08.2011.

12) In the considered view of this Court, for proper adjudication of claim, I.A. No. 1201/2023 is allowed. The relevant documents be taken on record.

13) The learned trial Court has awarded a compensation of Rs. 24,609/- on the basis of treatment papers for Rs. 2,609/- and other allied heads of compensation on presumption whereas on the basis of subsequent treatment papers for the same injury, it is evident that claimant is still undergoing treatment, therefore, the amount awarded for future treatment is enhanced by Rs. 26,749/-, out of which Rs. 6,749/- is for actual bills after passing of award and rest amount is for other allied heads for pain and suffering, special diet and attendant expenses at the rate of Rs.5000/- each and Rs.10,000/- for future expenses on treatment.

11) Accordingly, this appeal is partly allowed and amount of compensation is enhanced by Rs. 26,749/- , which shall be payable to the claimant by the Insurance Company subject to appellant paying Court fees on the enhanced amount.