RAMESH MENDOLA vs SPECIAL POLICE ESTABLISHMENT LOKAYUKT

This Miscellaneous Appeal under Section 173 of Motor Vehicles Act, 1988 has been filed against the award dated 4.8.2008 passed by Member, Motor Vehicle Accident Claims Tribunal, Guna in Claim Case No. 16/2008.

The facts of this case lies in a narrow compass. On 2.11.2005 at about 9:00 PM, the claimant along with other members of his family was coming back from the house of aunt, at that time the respondent by driving the motorcycle No. MP08N/4903 in a rash and negligent manner dashed the appellant, as a result of which the appellant sustained certain injuries. Accordingly, a petition for grant of claim to the extent of Rs. 3,50,000/- was filed. The respondent filed his reply and denied the accident.

Motor Accident Claims Tribunal by award dated 4.8.2008 came to a conclusion that the respondent by driving the motorcycle in a rash and negligent manner caused accident causing injury to the appellant. 4. As this finding has not been challenged by the respondent, no further consideration with regard to these findings is required.

So far as the quantum of compensation awarded to the appellant is concerned, the appellant has filed the bills of medicines as well as the prescriptions of the doctors. After considering the bills, the Claims Tribunal came to a conclusion that the total amount of the bills and the medicines as well as the fare of the vehicle comes to Rs. 5,236/- for which the appellant is entitled. The Claims Tribunal had also come to a conclusion that as the injuries sustained by the appellant were minor, therefore, he is entitled for an amount of Rs. 1,000/- towards the pain and suffering and as the appellant could not work for a period of one month, therefore, an amount of Rs. 3,000/- has also been awarded by the Claims Tribunal towards the loss of income. Thus in all an amount of Rs. 9236/- was awarded to the appellant by the Claims Tribunal with 6% interest per annum from the date of the claim petition. It is further submitted by the appellant that as the Claims Tribunal has come to a conclusion that the appellant had sustained certain injuries then the Claims Tribunal was not justified in rejecting the claim of the appellant under the head of special diet. The submission made by the counsel for the appellant appears to be correct. As the appellant has sustained certain injuries and was unable to do the work of tailoring for a period of one month, this Court is of the considered opinion that the appellant is further entitled to a sum of Rs. 6,000/- under the head of special diet. Accordingly, it is held that the appellant is entitled for an additional amount of Rs. 6000/- under the head of special diet apart from the amount of compensation so awarded by the Claims Tribunal. The amount of Rs. 6,000/- so awarded by this Court would carry the interest @ Rs. 6% per annum from the date of the award till the actual payment is made.

With aforesaid modification, this appeal is allowed.