Ramlakhan vs Shivraj Singh and Others

Uma Nath Singh, J.—This miscellaneous appeal for enhancement of compensation by the appellant aged about 11 years only is directed against an award dated 10th November, 1998 passed by learned Motor Accident Claims Tribunal, Chachoda, Guna, in a Claims Case No. 106/1997 giving an amount of Rs. 13,000/- out of a total claim of Rs. 1,55,000/-.

It is said that the claimant suffered fracture of tibia as a result of accident with a tractor bearing No. M.R 08/8284. It is also said that the accident took place on 7th July, 1997 and thereafter, the victim got himself medically examined only on 11th July, 1997 by Dr. S.S. Gupta (P.W. 4) who has deposed that the right leg is shortened by 1 cm. Dr. S.S. Gupta has also stated that he had estimated a medical expenditure of Rs. 20,000/- for further treatment including operation of deformity. That apart, he has also issued a medical certificate being Exhibit P/3 dated 27th August, 1998 reiterating likelihood of incurring Rs. 20,000/- towards the medical expenses. However, he has not pointed out the extent of disability either in his statement before the Court or the certificate issued as above. It is also said that Exhibit P/4 is the report of the Radiologist who had also medically examined the claimant. To substantiate the prayer for enhancement of compensation, the appellant has placed reliance on a Division Bench judgment of this Court reported as Union of India v. Gurbachan Singh 1997 (II) MPWN SN 1 wherein, in a similar case an amount of Rs. 25,000/- was directed to be paid. That apart, further reliance has been placed on another judgment of this Court, also rendered by a Division Bench, which is reported as Narendra Pal Singh Rana Vs. Padamchand Jain and Others, wherein also, for fracture of tibia and fibula, a compensation of Rs. 40,000/- was awarded.

On the other hand, it is contended on behalf of the respondent Nos. 1 and 2, being the owner and the driver of the tractor in question that though the accident took place on 7th July, 1997, the F.I.R. was lodged only on 11th July, 1997 and there is no satisfactory explanation about the said delay so also as why necessary treatment was not taken during this period. Learned Counsel has also placed reliance on a judgment of this Court reported as Lalitabai and Ors. v. Amin Khan and Ors. 2000 TAC (2) 506 wherein, for a fracture of tibia, only an amount of Rs. 6,000/- was awarded towards compensation.

On due consideration of rival submissions so also from perusal of records, we are of the view that the victim was aged 11 years and Dr. S.S. Gupta (RW. 4) who had examined him has repeatedly mentioned that for operation of deformity and post medical care, an amount of Rs. 20,000/- was needed. Further in the statement of the victim, it has appeared that he complains of pain if he walks for a mile. He has also stated that he could not appear in his examination. That apart, though the percentage of deformity has not been pointed out, the Doctor has categorically mentioned about physical disability of the victim. Under the circumstances, we feel that the compensation amount of Rs. 13,000/- is grossly inadequate to meet the medical expenses so also the loss suffered by the claimant.

Accordingly, we allow the Misc. Appeal and enhance the quantum of compensation by a further sum of Rs. 12,000/- and thus, the respondent Nos. 1 and 2 are directed to pay a further amount of Rs. 12,000/- with an interest of 9% (nine percent) thereon from the date of impugned award. Thus, the appeal succeeds to the extent of modification of the award as indicated herein.