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Judgment
This miscellaneous appeal under Section 173 of the Motor Vehicles Act has been filed against the Award dated 27.01.2012 passed by third Motor Accident Claims Tribunal, Gwalior in Claim Case No. 34/2011, by which the insurance company has been exonerated.
Challenging the Award passed by the Claims Tribunal, it is submitted by the counsel for the appellant that the driver of the offending vehicle had license of LMV / non-transport vehicle, whereas he was driving the loading vehicle and thus, the Insurance Company has been exonerated, but in the light of the judgment passed by the Supreme Court in the case of Mukund Devangan Vs. Oriental Insurance Company Limited reported in 2017 (14) SCC 663, it cannot be said that merely for want of endorsement, driver was not competent to drive the vehicle with unladen load of 7500 kg. Accordingly, it is held that the exoneration of the Insurance Company on the ground of absence of endorsement of the license of the driver of the offending vehicle, it cannot be said that the Insurance Company is not severally and jointly liable to make payment of compensation. As a ex-consequenti the Insurance Company is also held liable to pay compensation jointly and severally.
So far as the question of quantum is concerned, the Claims Tribunal has awarded Rs.22,430/-. It is submitted that since the appellant had also sustained injuries of L3, L4 and L5 of his spinal cord and has also suffered dislocation of his disc, therefore, the amount of Rs.22,430/- awarded by the Claims Tribunal under all heads is on a lower side and it may be enhanced to Rs.40,000/-.
Per contra, it is submitted by the counsel for the Insurance Company that the Claims Tribunal has reasonably awarded the compensation under the head of special diet, physical and mental pain / agony as well as the transportation expenses.
Considered the submissions made by the counsel for the parties. According to the Award, an amount of Rs.5430/- has been awarded towards the medical expenses and an amount of Rs.6,000/- has been awarded towards the loss of income of two months and an amount of Rs.11,000/- has been awarded under the heads of physical and mental agony / pain, special diet, attendant, transportation expenses etc.
Looking to the injuries sustained by the appellant, this Court is of the considered opinion that total amount of Rs.22,430/- can be enhanced to Rs.40,000/-. Total amount of Rs.22,430/- awarded by the Claims Tribunal is enhanced to Rs.40,000/- and it is further held that the Insurance Company is jointly and severally liable to pay the compensation amount.
With the aforesaid modification, the Award dated 27.01.2012 is hereby affirmed.
The appeal succeeds and is hereby allowed.