Rafiq Mohmmad vs Raghuveer Singh and Others

N.K. Mody, J.—Being aggrieved by the inadequacy of the award dated 1.10.2002 passed by 11th MACT, Indore in Claim Case No. 83/2001, whereby a sum of Rs. 1,90,000 has been awarded, without any interest, present appeal has been filed.

Learned Counsel for the appellant submits that breakup of Rs. 1,90,000 is as under:

Towards permanent disability : Rs. 90000 Towards medical expenses : Rs. 80000 Towards loss of income : Rs. 15000 Towards pain and sufferings : Rs. 5000

Learned Counsel for the appellant submits that appellant sustained compound fractures of tibia and fibula bone and also thrombus of popliteal artery. It is submitted that there was permanent disability upto the extent of 27% which has been duly certified by the Doctor. It is submitted that on account of permanent disability a sum of Rs. 68,400 ought to have been enhanced. On account of medical expenses Rs. 10,000 and on account of loss of income Rs. 9000 ought to have been enhanced.

Learned Counsel for respondent No. 3, Mr. S.V. Dhandvate submits that amount awarded is just and proper. It is also submitted that appellant failed to prove the income as alleged by the appellant in claim petition. It is submitted that to prove the higher amount of the income, appellant has submitted returns in the Tax department for the period of four years just after the accident. Prior to that no income tax was being paid, therefore, income which has been alleged by the appellant cannot be taken into consideration. It is submitted that appellant has claimed himself as businessman, therefore, for proving income the accounts could have been filed, but the same has not been filed. It is also submitted that looking to the disability, amount awarded is just and proper.

Perused the evidence on record. It is true that appellant has sustained serious injuries. Amount awarded by the learned Tribunal on account of permanent disability is just and proper. Since, the income tax returns have been for the period of four years prior to the accident which took place on 13.3.2001, and income tax returns has been filed on 2.5.2001, therefore, narration of income alleged by the appellant cannot be believed. So far as medical expenses are concerned, Tribunal has awarded sum of Rs. 80,000. Learned Counsel for the appellant failed to point out that which of the bills have not been taken into consideration by the Tribunal while calculating medical expenses. However, looking to the injuries sustained, amount awarded of Rs. 5000 towards pain and suffering is on lower side.

After taking into consideration all the facts and circumstances of the case, amount of Rs. 1,90,000 is enhanced to Rs. 2 lacs. The enhanced amount shall carry interest @ 6% per annum.

With the aforesaid modifications, appeal stands disposed of. No order as to costs.