Smt. Kalabai vs Rakesh Karij and Others

Hon''ble Shri N.K. Mody, J.—Being aggrieved by the award dated 30/08/05 passed by MACT, Badwani in Claim Case No. 45/05 whereby claim petition filed by appellant for compensation on account of injuries sustained in a motor accident was dismissed, present appeal has been filed. Short facts of the case are that the appellant filed a claim petition alleging that on 25/05/04 appellant was travelling on a motor bike bearing registration No. MP//46-B/4973 as pillion rider, which was being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent No. 1 motor bike slipped and the appellant fell down, with the result appellant sustained fracture and was hospitalized. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 3 on various grounds, including on the ground that the risk of pillion rider was not covered and respondent No. 1 was not possessing valid driving license. After framing of issues and recording of evidence learned Tribunal dismissed the claim petition, against which present appeal has been filed.

Learned counsel for the appellant argued at length and submits that the learned Tribunal committed error in dismissing the claim petition on the ground that there was delay in lodging the FIR, as the accident took place on 25/05/04, while FIR was lodged on 12/06/04. It is submitted that because of fact that the appellant sustained grievous injuries the FIR could not be lodged in time, which was duly explained. It is submitted that in the facts and circumstances of the case there was no justification on the part of learned Tribunal in dismissing the claim petition. It is submitted that the appeal filed by the appellant be allowed and adequate compensation be awarded.

Learned counsel for respondent No. 3 submits that the appellant was pillion rider, of which risk was not covered. It is submitted that apart from this respondent Nos. 1 & 2 are sons and husband of appellant and FIR was lodged with an oblique motive. It is submitted that in the facts and circumstances of the case learned Tribunal committed no error in dismissing the claim petition. It is submitted that the appeal filed by the appellant has no merits and the same be dismissed.

Undisputeldy respondent No. 1 is son and respondent No. 2 is husband of appellant. It is also not in dispute that the appellant sustained injuries on 25/05/04. MLC is on record as Ex.P/5, in which it is mentioned that the accident occurred because of slip of own motor bike. If appellant has given this information, then nothing is wrong in it because the motor bike was belonging to her husband. Similarly appellant was hospitalized at Indore on 26/05/04 where she remained upto 29/05/04. Since MLC was prepared, therefore, it was the duty of the hospital authorities to inform the concerned police station and it was again the duty of the hospital authorities to register the case. If there is a delay in lodging the FIR, then for that appellant cannot be blamed.

So far as risk of pillion rider is concerned, the same is covered as per IRDA circular, therefore, only on that ground also the claim petition could not have been rejected. In the facts and circumstances of the case, this Court is of the view that the learned Tribunal was not justified in dismissing the claim petition. This court is of the view that the accident occurred because of rash and negligent driving of respondent No. 1, for which all respondents are responsible jointly and severally.

So far as compensation is concerned, appellant sustained fracture of humerus bone in right hand, for which he remained hospitalized upto 29/05/04 as is evident from Ex.P/7. Ex.P/8 to Ex.P/36 are the bills. However, no permanent disability has caused to the appellant. In the facts and circumstances of the case, appellant shall be entitled for the following amount:-

Rs.25,000/-

Towards grievous injuries.

Rs.10,000/-

Towards medical expenses.

Rs.5,000/-

Towards pain and sufferings.

Rs.5,000/-

Towards special diet.

Rs.5,000/-

Towards expenses incurred on attenders.

Rs.5,000/-

Towards transport expenses.

Rs.5,000/-

Towards loss of income.

Rs.60,000/-

Total

Thus the appellant shall be entitled for total sum of Rs.60,000/-, which shall carry interest @ 8% P.A. from the date of application. The amount awarded shall be deposited by the Insurance Company with the learned tribunal and the learned tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant in the nearest Nationalized Bank, in the area where the appellant is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of appellant, which shall be opened by the appellant from where appellant can withdraw the amount as per his needs. However, on an application by the appellant this condition could be modified by the learned tribunal in exceptional circumstances, if made out by the appellant.

With the aforesaid modification the appeal stands disposed of. No order as to costs.