Ramchandra vs Mohd. Sadique and Others

V.K. Agarwal, J.—This miscellaneous appeal is directed against the award dated 8.1.1997 in Claim Case No. 78 of 1994 by II Additional Motor Accident Claims Tribunal, Chhindwara granting compensation to the extent of Rs. 12,000.00 to the claimant/-" appellant u/s 166 of the Motor Vehicles Act, 1988 on account of injury suffered by him in motor accident.

Undisputably, the appellant suffered motor accident by the bus owned by the respondents 2 and 3 and driven by respondent No. 1 Mohd. Sadique. He sustained head injuries. He was admitted in the hospital and was under treatment for about two months. He also could not appear in examination of Class-XII on account of the accident and disability due to injuries sustained by him in the accident and the treatment thereof.

The learned Tribunal held that the accident occurred on account of the rash and negligent driving of bus by respondent No. 1. The Tribunal assessed damages to the extent of Rs. 12,000.00 covering both pecuniary and non-pecuniary heads.

Learned Counsel for the appellants submits that the award as above is inadequately low. It has been submitted that the appellant lost a valuable year of his studies and his future prospects have been hampered. He was under treatment for about two months, as has been held by the learned Tribunal. He sustained fracture and remained admitted in the hospital. He had also to take follow up treatment. His injury resulted in partial stiffness in his neck, causing a handicap in the normal life of the appellant.

After considering the contentions and the nature of injuries sustained by the appellant as also the further fact that his future prospects have been affected due to his disability to appear in the examination and that he had also to incur expenditure in the treatment, it appears that the compensation awarded is on the lower side. It deserves to be enhanced. Taking into consideration, the various factors and circumstances of the case, the amount of award deserves to be increased to Rs. 20,000.00 (Rupees twenty thousand only).

Accordingly, this appeal is allowed. The impugned award is modified and instead of Rs. 12,000.00, the amount of compensation is increased to Rs. 20,000.00. The remaining terms of the award regarding payment of interest, etc. shall be as ordered by the Tribunal.