Saurabh vs Dhanna Ram and Others

W.A. Shah, J.—This appeal u/s 173 of the Motor Vehicles Act ("Act" hereafter) has been directed against the award dated 23.7.2005 passed by learned III Motor Accident Claims Tribunal, Camp-Jaora (Ratlam) in Claim Case No. 17/2004. By the Award impugned the claimant/appellant has been awarded Rs. 40,000 along with usual interest and costs. According to the appellant, the amount so awarded is on a lower side, hence this appeal for enhancement of the above amount.

The claimant/appellant aged about 23 years at the relevant time was moving in a bus which was hit by offendig Truck driven rashly by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3. In the accident, occurred on public way the claimant/appellant sustained injuries and among others sustained injury in vertebral column to the extent of 5% permanent disablement. He applied u/s 166 of the Act before the learned Tribunal below. The Tribunal held that in the accident in question, he suffered permanent disablement to the extent of 5% in his vertebral column. The Tribunal awarded Rs. 25,000 as compensation for the injury and further awarded Rs. 15,000 for pain and suffering, loss of wages, medical reimbursement and special diet. It appears that it is a case in which the learned Tribunal has not taken into consideration the fact that permanent disablement under reference at the age of 23 years is a serious matter because for a very long remaining period of his life the claimant/appellant will have to bear the trauma flowing from the permanent disablement. He was only 23 years when the accident occurred, therefore, considering all the facts and circumstances of the case and especially keeping in view the future trauma of the appellant, the total amount of Award of Rs. 40,000.00 deserves to be increased to Rs. 1,00,000.

In view of the above, this appeal is partly allowed. It is directed that the Award under attack stands accordingly modified and the respondents are directed to pay jointly and severally within one month Rs. 1,00,000 to the appellant along with 6% yearly interest from the date of the application. This appeal stands finally disposed of, however, with no order as to costs.