Ram Bharose vs The New India Insurance Company Limited and Others

T.N. Singh, J.—Respondents'' counsel Shri Lahoti submits that this is not the case in which any consideration is deserved by the appellant and the prayer in the appeal for enhancement in the quantum of the award is misconceived.

I have no doubt that counsel is right to th-3 extent that decisions which are cited before me in some cases take the view that for injury caused to the nose in a motor accident, the claim could be validly settled of Rs. 5,000/-, but needless to state that each case has to be decided on its own facts and a single yard-stick in such cases can hardly do justice to all cases of all natures.

Indeed, I see much force in the submission of appellant''s counsel that the award is made mainly for the injury which the claimant/appellant suffered with respect to his nose in that there was a fracture of a bone of the nose which was accordingly disfigured permanently. It is counsel''s submission relying on the evidence of Doctors, CW 4 and 5, that the claimant also suffered injury on his lips and his teeth were also affected. I have gone through the evidence myself and I am satisfied that the grievance is genuine. It has come in evidence that on the lips also, the claimant has suffered injury and that his teeth were also effected to such an extent that he was permanently disabled in so far as it concerned consumption of hard food. There is no doubt that the injury resulted in the change of his food habits and his life and living were accordingly affected permanently. In this view of the matter, I am satisfied that the award, in so far as it concerns compensation for the injury, deserves to be enhanced by a sum of Rs. 2,000/-.

However, there is another salutary grievance based on Supreme judicial mandate inscribed in the decisions in N. Sivammal and Others Vs. Managing Director, Pandian Roadways Corporation and Another, and Jagbir Singh and Others Vs. General Manager Punjab Roadways and Others, . Learned Member of the Accident Claims Tribunal has awarded an interest at the rate of 9% per annum which, according to the judicial mandate, cannot be less than 12% per annum.

In the result, the appeal succeeds partly. The award is modified to the extent that it is enhanced to Rs. 16,861/- and is made to carry interest at the rate of 12% per annum from the date of filing of the application till the date of payment.