Smt. Premwati Yadav vs State of Madhya Pradesh & others

This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 against an award dated 13.7.2006 passed by Motor Accident Claims Tribunal (for brevity, the ''Tribunal'') Jora, District Morena in Claim case No.8/2006. By the impugned award, the Claims Tribunal has awarded Rs.5000/- with interest to the claimant by way of compensation for the injury which is sustained in an accident taken place on 6.3.2002 at near Sethvari Dargah, M.S.Road, Jora.

According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts / evidence adduced is made out in the compensation awarded and if so, to what extent ?

It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these (2) MA 1145/2006 findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant''s favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

Learned counsel for the appellant submits that the appellant sustained fracture in mandible bone in jaw. It is also submitted that the appellant was hospitalised for more than 10 days. It is contended that the Tribunal has awarded only Rs.5000/-, break up of which is as under:

S. No.

Amount Awarded Heads

1 2000=00 Towards loss of income

2 2000=00 Towards medical expenses

3 1000=00 Towards pain and suffering

5000=00 Total Compensation

Learned counsel for the appellant submits that looking to the injuries sustained by the appellant, the amount awarded by Tribunal towards compensation is on lower side.

Learned counsel for respondent No.3 submits that looking to the injuries sustained by the appellant, the amount awarded by the Tribunal is just and proper and no further enhancement can be made.

I have gone through the evidence adduced by the claimant on the issue of injuries sustained by the appellant. After taking into consideration of the X-ray report, Ex.P/8, it appears that the appellant sustained fracture of mandible bone of jaw but the Tribunal erred in not considering the said (3) MA 1145/2006 report due to non-examination of the concerned doctor. As per discharge ticket, Ex.P/10, the applicant was hospitalised from 9.3.2002 to 16.3.2002 but this fact was also ignored by the Tribunal. Under these circumstances, in my opinion, it will be proper to enhance the compensation and the appellant is entitled for the following amounts:

S No. Amount Awarded Heads

1 25000=00 Towards grievous injury & pain and suffering

2 2000=00 Towards medical expenses

3 3000=00 Towards special diet

4 1500=00 Towards expenses incurred on attender

5 3000=00 Towards loss of income

6 1000=00 Towards transportation expenses

35500=00 Total Compensation

In view of the foregoing discussions, the appeal succeeds and is hereby allowed in part. The appellant is entitled to receive the enhanced amount of Rs.30,500/- in addition to the amount of compensation already awarded by the Claims Tribunal making the total compensation of Rs.35,500/-. The enhanced amount shall carry interest @ 6% per annum from the date of filing of claim petition till the realisation. The said amount be paid within a period of sixty days from the date of the order passed by this Court.

In the facts of the case, the parties are directed to bear their own costs.