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Judgment
Feeling aggrieved by the award dated 14.11.2002, passed in Claim Case No. 903/2002 by 1st Additional Member, Motor Accident Claims Tribunal, Dhar, the appellant has filed this appeal.
For the injuries sustained by the appellant in a road motor accident he has been awarded a sum of Rs. 47,724/-. The facts giving rise to the accident are mentioned hereinbelow:
On 15.7.2001, at about 8.30 in the evening, the appellant was travelling in a car bearing registration No. MP-14/E-7470. The car was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. The car was travelling between Sardarpur and Dhar. Due to rash and negligent driving of the car, it dashed against a tree. Due to this, the appellant sustained bodily injuries. Hence, he filed a claim petition before the aforesaid Tribunal.
According to the appellant, he was aged about 40 years at the time of the accident and was engaged in business of running a roadside restaurant. He was required to undergo treatment in Bhoj Hospital at Dhar and then in Baroda hospital. Due to severe fracture of left shoulder, he remained in hospital for about 2 months and 3 days. His permanent disability, as per Dr. Vivek Agrawal, is to the extend of 28%. In the light of the aforesaid evidence, it has been contended that the amount of award is on lower side and deserves to be enhanced.
We find substance in the arguments so advanced. Looking to the nature of the injuries sustained by the appellant and after keeping in mind that he was required to be hospitalized for a long period and also keeping in mind his young age, in our considered opinion, a lumpsum amount of Rs. 1,00,000/- would be just and proper compensation. Thus, the appellant would receive from the respondents jointly and severally a sum of Rs. 1,00,000/-. The difference would carry interest @ 6% from the date of obligation till actually paid.
Thus, this appeal stands allowed to the extent mentioned hereinabove. The impugned award stands modified. The respondents to bear costs of the litigation throughout. Counsel fee Rs. 1,000/-, if certified.