Sardari Lal Midha vs State of Haryana and Others

Amarjeet Chaudhary, J.—This appeal is directed against the award of Motor Accident Claims Tribunal, Karnal, which is, on a claim petition u/s 110-A and 92-A of the Motor Vehicles Act, had awarded a sum of Rs. 7451/- as compensation with 10% interest on account of the injuries sustained by the claimant.

In this appeal, the appellant-claimant has prayed for enhancement of the compensation.

The facts which emerge from the case are that the claimant, who was a passenger in Haryana Roadways Bus No. HRW 4539, had sustained injuries because of alleged rash and negligent driving of its driver Shri Radha Kishan. This bus struck against the back side of a truck as a result of which the claimant sustained an injury on the upper part of his eye. Dr. B.K.Gupta (PW-2), who medico-legally examined the claimant, had found a lacerated wound on left eye brow 2 cm. long vertically placed irregular edges, bleeding profusely. In the opinion of Dr. D.S. Thind from whom the claimant had got treatment, there is permanent loss of vision of his left eye to the extent of 30%.

The Tribunal had awarded a sum of Rs. 5,000/- for the loss of vision which was assessed to the extent of 30%, Rs. 1000/- for pain and suffering, Rs. 1000/- on account of permanent scar on the left eye and Rs. 451/- for medical treatment. In addition, the appellant was allowed 10% interest.

The challenge to the award is that the Tribunal had not awarded suitable compensation for the loss of vision which was assessed at 30% and the rate of interest is also inadequate.

I have heard the learned Counsel for the parties and perused the paper-book.

As mentioned in the earlier part of the judgment, the claimant had suffered a lacerated wound on his left eye-brow 2 cm. in length and the injury also left a permanent scar. The only reason given by the Tribunal for awarding inadequate compensation was that the claimant was 55 years of age at the time of alleged accident and was using glasses. The mere fact that the claimant was using spectacles was not a good ground to deprive him of a reasonable compensation.

On consideration of the matter, the claimant is awarded Rs. 20,000/- in lumpsum as compensation with 12% interest P.A. from the date of claim application for pain and suffering, loss of vision and for expenses incurred on medical treatment etc. Out of this amount, the sum of Rs. 7451/- already awarded by the Tribunal is to be adjusted.

Consequently, the appeal is allowed to the extent indicated above. No order as to costs.