Sanmukayya vs Asgar Rahman

Anand Byrareddy, J.—There is a delay of 134 days in filing the appeal. For the reasons stated in the affidavit filed in support of the application, the delay is condoned.

Heard the learned Counsel for the appellant and the learned Counsel for the respondents.

This appeal coming on for admission, is considered for final disposal.

The facts are as follows:

The present petitioner was proceeding on a motorcycle, along with one Nagshetty, after attending a function at Bidar. The claimant was riding pillion on the motorcycle and when they reached near Wadgaon village on Kouth to Wadgaon road, at about 8.00 p.m., a jeep bearing No. MH-28/A-6191 is said to have come from the opposite direction and collided with the motorcycle. The present appellant and the rider were thrown off the vehicle. Consequently, he had suffered grievous injuries to the right foot and thigh. It was alleged that, after causing the accident, the jeep was said to have been driven away. The appellant was shifted to Government hospital and later moved to another hospital for further treatment. A case was said to have been registered against the driver of the jeep. In the mean while, the claimant was admitted to the hospital as an inpatient between 29.10.2007 and 03.12.2007 and the fracture required insertion of a steel rod. Even after treatment and recuperation, it was claimed that the appellant was not in a position to walk without support. He had incurred expenses of Rs. 1,00,000/- as per his claim. He further claims that he was earning Rs. 6,000/- per month, before the accident and after the accident he was permanently disabled and hence, sought a substantial amount of compensation towards loss of future earning. However, the claim was resisted by the Insurance Company, which had insured the jeep and disputed the claim of the appellant as to his income and the nature of the injuries or the claim towards loss of future earning. The tribunal on considering the material evidence before it, restricted compensation to Rs. 53,800/- and it is that which is under challenge in this appeal.

On a plain perusal of the evidence, it is seen that the tribunal has awarded a total compensation of Rs. 53,800/- and it cannot be said that the compensation awarded is just and fair. By any standard, the appellant is entitled to a far larger amount of compensation. The Court below on considering the medical expenses has proceeded on the basis that the bills are only to the extent of Rs. 8,000/- and it has merely doubled the said sum. This amount would not satisfy the claimant and therefore, this amount would have to be substantially enhanced. Towards loss of earning during the laid-up period, the accident being of the year 2007, the tribunal has adopted Rs. 100/- per day and has proceeded to award a sum of Rs. 6,800/-. The tribunal has awarded compensation of Rs. 5,000/- towards nutrition, Rs. 1,000/- towards transportation expenses and restricted to award total compensation of Rs. 53,800/-.

On a global assessment, the appellant would be entitled to not less than Rs. 1,00,000/- in addition to the compensation awarded by the tribunal. Accordingly, the appellant shall be payable Rs. 1,00,000/- with interest at 6% per annum from the date of claim petition till the date of payment.

The appeal is allowed in the terms of the above.