PRAKASH CHANDRA SHAU vs SOUTH EASTERN COALFIELDS LTD. AND OTHERS

The appellant has come before this Court for enhancement of the compensation awarded by the 13th Additional Claim Tribunal, Indore in Claim Case No.214/2005 vide award dated 12.04.2007

Facts of the case in brief are that at the date and time of the incident, the appellant was going from Bada Ganpati to Gandhinagar by auto rickshaw No.MH 02 U 8389. The driver of auto rickshaw was driving it carefully and at a normal speed. Suddenly, driver of Tractor No. MP 09 MA 2652 hit the auto rickshaw while running the tractor in a rash and negligent manner. The auto rickshaw over turned, due to which the complainant sustained multiple injuries. The appellant reported the matter to the police, who in turn registered a criminal case.

The appellant filed a claim for compensation of Rs.10,00,000/-. The learned Tribunal awarded awarded Rs. 5600/- as per medical bills submitted by the applicant, Rs. 1000/- for loss of income for 2-3 days, Rs. 5000/- for mental pain and agony totaling Rs.11,600/-. Learned Tribunal exonerated both the insurance companies (Respondent No. 3 & 7) from liability to pay compensation and holding that both the drivers were responsible for the accident, divided the responsibility between Respondent No. 1 & 2 on the one hand and Respondent No. 5,6 & 7 on the other hand in 60-40 ratio and directed the nonapplicant No.1 & 2 to pay Rs.6,960/- and to the respondents no.4, 5 & 6 jointly and severally Rs.4,640/- with interest @Rs.6% per annum and dismissed the suit against both the insurance companies (Non-applicant no.3 and 7).

The appellant has challenged only quantum of the compensation.

It is argued by the learned counsel for the appellant that due to practical difficulties he could not produce documents in respect of multiple injuries sustained in the accident and also the certificate of permanent disability, but that does not mean that the injuries were not proved. Otherwise also, according to the learned counsel, looking to the nature of accident, trauma caused to the appellant and all other facts and circumstances of the case, the award is much on the lower side. The learned Tribunal should have awarded at least Rs.50,000/-. Learned counsel for the appellant fairly admitted that he would be satisfied if the compensation enhanced up to Rs.25,000/-.

Learned counsel appearing for the respondents has opposed the prayer.

Learned Tribunal, after appreciating the evidence produced by the both the parties in Para 20 to 22 of the award evaluated the quantum and found that the applicant/appellant had produced bill of Rs.600/- of medicines and investigation and other bills regarding treatment of Rs.5,000/-. Learned Tribunal also considered that the applicant/appellant sustained only 3 simple injuries in the alleged accident and assessed loss for income Rs.1,000/- and further considering the nature of injuries and other facts and circumstances awarded Rs.5,000/- for physical pains and mentally agonies and thus, awarded Rs.11,600/- as just and proper compensation to the claimant.

I have gone through the evidence produced by both the parties before the learned Tribunal and found that the learned Tribunal has appreciated all the evidence and has rightly determined the compensation as far as the bills of medicines and treatment are related, but looking to the nature of accident, injuries sustained, age of the claimant and other facts and circumstances of the case, compensation assessed by the learned Tribunal for loss of income and for mental pain and agony appears to be on lower side and needs some enhancement. Therefore, keeping in view the facts and circumstances of the case, compensation of Rs. 3000/- and Rs. 10000/- taking the total compensation to Rs. 18600/-would be just and proper compensation in the case.

Thus, while keeping all other findings, direction, terms and conditions of the tribunal as in exoneration of insurance companies, division of responsibility of compensation, interest etc. intact, the award passed by the learned tribunal is modified to the extent that the appellant is entitled to get the compensation of Rs. 18,600/- for the losses caused to him due to the alleged accident.