Mohd. Qasim vs Union Of India And Others

Puneet Gupta, J

The Motor Accidents Claims Tribunal, Jammu, has awarded amount to the tune of Rs.4,34,000/- along interest at the rate of 7.5% per annum in favour of the appellant from the date of filing of the petition till realization of the awarded amount. The appellant has filed an appeal for enhancement of compensation awarded by the Tribunal. The respondent appeared and contested the appeal.

The scanned record of the Tribunal is before the Court.

The appellant has suffered disability in the accident which took place on 01.12.2015 and the respondents are liable to pay the compensation is not in dispute.

The court is only required to adjudicate as to whether compensation granted by the learned Tribunal is required to be enhanced as pleaded by the appellant. The appellant at the time of accident was 55 years of age and was a Girdawar in the Revenue Department. The appellant has not incurred any disqualification in service on account of the accident and the same is not in dispute. The Tribunal has not awarded any compensation on account of loss of earning in favour of the appellant. The appellant as per the medical evidence on record has suffered 35% permanent disability.

The perusal of the award reveals that the appellant has been held entitled to the expenses incurred on account of treatment and medicines and has awarded Rs.4,13,660/- on the basis of documents available on record. The appellant has also been awarded Rs.l.00 lacs as compensation on account of transportation charges including attendant charges, special diet etc. The Tribunal has also awarded Rs.35,000/- each for loss of amenities and pain and suffering. The court is of the view that the appellant deserves more than what has been awarded by the Tribunal.

The Tribunal has held respondent No.2 liable to make payment to the appellant. The respondent No.2 has not preferred any appeal against the award passed by the Tribunal. In the light of the aforesaid fact, the findings of the Tribunal with regard to the issue regarding the accident having taken place due to rash and negligent driving of driver of respondent No.2 need not be gone into by the Court in the appeal.

The appellant being Government employee does not mean that he may not incur some disadvantage during the rest of his life. As per the medical record and statement of Doctor Vinit Gupta, Consultant Orthopedics who had also issued the certificate, the injury suffered by the appellant is fracture both bones right leg with compartment syndrome, multiple foot fracture, fracture right ulna for which he has undergone four operations and has suffered permanent disability of 35%. The permanent disability suffered by the appellant is 35% cannot be disputed. It is evident that the appellant has suffered disability in right arm as well as multiple fractures in foot. The Court does not find infirmity in finding recorded by the Tribunal on this aspect.

The argument of learned counsel for the appellant is that the court should enhance amount on account of other heads in which he has been granted compensation by the Tribunal. The Tribunal has not adequately compensated the appellant under different heads as mentioned in the award is the plea of the appellant.

The medical evidence reveals that the appellant will have some difficulty in performing daily routine activities as such he cannot sit or squat properly. The problems can increase with the passage of time keeping in view the age of the appellant. Keeping in view the fact that the appellant can face further medical problems in future the appellant will be entitled to future medical expenses. Keeping in view the nature of injury suffered by the appellant, the amount of Rs.2 lacs is awarded for the same. The Tribunal has awarded Rs.35000/- each on account of pain and suffering and for loss of amenities. The Tribunal has awarded the amount which is definitely on a lower side.

The amount is required to be enhanced keeping in view the injury suffered by the appellant and his age which was 54 years when the accident took place in December 2015. The appellant is held entitled to Rs.1.50 lac under the heading ‘pain and suffering and loss of amenities of life’. Thus, the appellant is held entitled to Rs. 8,63,660/- rounded to Rs.8,64,000/-(Rs.4,13,660/- + Rs.2,00,000/- + Rs.1,50,000/- + Rs.1,00,000/-) as compensation from the respondent No.2.

Thus, the appellant is held entitled to compensation of Rs.8,64,000/- along with the interest @ 7.5 % per annum from the date of filing of the claim petition till realization of the amount to be paid by the respondent No.2.

The appeal is allowed and award is modified on the aforesaid terms.