Surya Bhan Singh vs Bheem Singh and Others

Vineet Kothari, J—The appellant/claimant, Surya Bhan Singh, has filed the present misc. appeal under Section 173 of the Motor Vehicles Act, 1988, against the order dated 14.01.2005 passed by learned Judge, Motor Accident Claims Tribunal, Bhilwara, in M.A.C. Case No. (38) 155/2004 (315/2001)- Surya Bhan Singh v. Bheem Singh & Ors., whereby the learned Tribunal has awarded compensation to the appellant/claimant to the tune of Rs. 4,50,000/- on account of injuries suffered by the appellant/claimant in an accident, which took place on 09.02.2001 and has prayed for enhancement of the compensation.

The relevant findings of the learned Tribunal about injuries etc. are quoted herein below for ready reference: -

The appellant/claimant has filed the claim petition claiming compensation on account of injuries suffered by him in an accident took place on 09.02.2001 in the night at about 12-01.00 AM when the claimant/injured along with companions was returning after taking dinner at Ajmer Road, Near Octori "Naka" in his Maruti Car No. DBG-5143, which was being driven by the claimant/injured himself. When the said Maruti car reached near Lohiya Automobiles, a Mini Truck which coming from front side, and was plied by its driver rashly negligently, hit their car and the steering of the car hit in the stomach of the injured and the car also got damaged completely. The other companions also received various injuries. Claimant/injured sustained fracture in both the thighs and also received other injuries. At the time of accident, the offending Mini Truck was insured with the respondent No. 3- National Insurance Co. Ltd. and the respondent driver was plying the said truck in the employment of respondent No. 2, therefore, all the respondents/non-claimants were liable to be pay compensation jointly and severally. The claimant/injured by filing the claim claimed compensation to the tune of Rs. 13,15,000/- for the injuries suffered by him.

The name of the respondent No. 1/driver was deleted. On behalf of respondent No. 2/owner and respondent No. 3- National Insurance Co. Ltd., separate replies to the claim petition was filed while denying the averments made in the claim. The respondent No. 3- Insurance Company took the plea that the driver of the Mini Truck was not having the valid and effective licence at the time of accident and, therefore, it was not liable to pay any compensation.

The learned Tribunal as per pleadings of the parties proceeded to frame four issues including relief. In support of claim, the claimant/appellant examined himself as AW.1 and also got examined 8 witnesses and exhibited documents. However, on behalf of respondents/non-claimants no defence was led.

The learned Tribunal after evaluating the evidence led by the parties, awarded the compensation to the tune of Rs. 4,50,000/- on account of injuries suffered by the appellant/claimant in the accident.

Mr. Ravi Bhansali, learned counsel for the appellant/claimant submitted that on account of injuries suffered by the appellant the compensation was awarded by the learned Tribunal for the expenses incurred for treatment, conveyance and for the mental agony suffered by the claimant, the amount of compensation awarded by the learned Tribunal to the tune of Rs. 20,000/- only is on lower side and the same deserves to be suitably enhanced. So far as future requirement of medical treatment also, the learned Tribunal has awarded only a sum of Rs. 32,290/-, therefore, under this head also the compensation deserves to be enhanced to Rs. 1,50,000/- under both these heads looking the young age of the injured/claimants. The appellant/claimant was a Government servant as he was working as LDC in Public Health and Engineer Department at the time of accident, and on account of said accident, the leg of the appellant shortened by 3" which has adversely the entire life style of the appellant affecting his marriage and family and social life.

Learned counsel for the appellant/claimant also read over the statements of the treating doctors viz. AW.6 Dr. Naresh Porwal and AW.7 Dr. Kailash Chandra Ladha, which were recorded in the year 2003 i.e. after three years of the accident, these witnesses have explained the pathetic condition of the appellant/injured as the claimant was unable to even sit property on account of the multiple fractures in his thighs and shortening of his leg by 3 inches. Learned counsel for the appellant/claimant, therefore prayed that the compensation may be suitably enhanced under these two heads.

On the other hand, learned counsel for the respondent No. 3- National Insurance Co. Ltd. supported the impugned judgment and award and submitted that the compensation awarded by the learned Tribunal is just and fair and, thus calls for no enhancement in the present appeal.

Having heard the learned counsel for the parties, and upon perusal of the material available on record, it is considered to be a fit case to award a lump sum amount of enhancement of Rs. 1,00,000/- (Rupee One lac only) in addition to what has already been awarded by the learned Tribunal. The young boy suffered crippling injuries affecting his entire life and, therefore, the award under mental agony of Rs. 20,000/- and the future medical treatment of Rs. 32,000/- and odd calls for some enhancement The judgment and award passed by the learned Tribunal dated 14.01.2005 shall stand modified accordingly. The said enhanced sum of Rs. 1,00,000/- (Rupee One lac only) be paid to the claimants within a period of three months from today with the simple interest @ 9% per annum from the date of filing of the claim petition till the date of payment.

The civil misc. appeal of the claimant/appellant is, accordingly, allowed. No costs. A copy of this order be sent to the concerned parties and the Motor Accident Claims Tribunal, Bhilwara, forthwith.