Sudha vs Patel Traders and Others

N.K. Mody, J.—Being aggrieved by the award dated 5th July, 2005 passed by 15th M.A.C.T., Indore in Claim Case No. 42/2005, whereby claim petition filed by the appellant for compensation on account of injuries sustained by appellant in a motor accident, which took place on 25th August, 2000 was dismissed, present appeal has been filed. Short facts of the case are that appellant filed a claim petition alleging that appellant was going with her daughter. It was alleged both of them reached to I.C.I.C.I. Bank, M.C. Road at that time respondent No. 2, who was driving Kinetic Honda bearing Registration No. MP-09-JA-2109 dashed the appellant with the result appellant fell down and sustained 3-4 fractures. It was alleged that appellant was hospitalized number of times on number of occasions. Appellant was operated and permanent disability was alleged to the extent of 30%. It was alleged that the offending vehicle was owned by respondent No. 1 and insured with respondent No. 3. It was prayed that compensation be awarded. The claim petition was contested by respondent No. 3 on various grounds alleging that respondent No. 2 was not possessing valid licence, therefore, claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal dismissed the claim petition holding that an attempt is made by the appellant to get higher amount of compensation. It was also directed that appellant be prosecuted as appellant has prepared forged letter of her appointment, against which present appeal has been filed.

Learned Counsel for appellant argued at length and submits that impugned award is illegal, incorrect and deserves to be set aside. Learned Counsel submits that appellant was hospitalized from 25th August, 2000 for six times in number of hospitals. It is submitted that appellant sustained 4-5 fractures, which includes Tibia, Fibula. It is submitted that appellant, sustained injury in her eye and permanent disability has been assessed 30%, which has been held by the learned Tribunal as grievous disablement but not permanent in nature. It is submitted that claim petition has been dismissed on the ground that appellant has made an attempt to get higher amount of compensation. The other ground, which has been taken by the learned Tribunal for dismissing the claim petition was that upon investigation, appellant informed the Investigator that appellant has received a letter of appointment as Teacher from Renuka Bal Mandir, but Investigator found that no letter was issued by the school authorities. Learned Counsel submits that both of the grounds cannot be a ground for dismissal of claim petition. It is submitted that appeal be allowed and adequate compensation.

Learned Counsel for respondent No. 3 submits that after due appreciation of evidence learned Tribunal has found that no case for compensation is made out. It is submitted that the findings are based on due appreciation of evidence, which requires no interference. It is submitted that appeal be dismissed.

From perusal of the record it is evident that to prove the accident appellant has filed 219 documents, which are exhibited, which goes to show that criminal case was registered and appellant was treated in various hospitals. The documents also shows that appellant was operated on number of occasions, learned Tribunal has also found that appellant sustained injuries, which is a grievous disability but not of permanent in nature. Appellant is a lady, who is present in the Court. It appears that findings regarding the injuries are correct. So far as rejection of the claim on the ground that an attempt has been made by the appellant to get higher amount is not a ground for dismissal of the petition. However, appellant is entitled for the following amount:

Rs. 50,000

Towards medical expenses.

Rs. 10,000

Towards transport expenses.

Rs. 10,000

Towards attenders.

Rs. 10,000

Towards special diet.

Rs. 20,000

Towards pain and suffering.

Rs. 20,000

Towards loss of work during treatment.

Rs. 30,000

Towards grievous injuries.

Rs. 1,50,000

Total

In view of this appeal filed by the appellant is allowed and the impugned award is set aside holding that respondents shall be liable to pay the amount of compensation jointly and severally. The aforesaid amount of compensation shall carry interest @ 8% per annum 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 her 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 observations appeal stands disposed off.