Vipin Kumar vs K P Rajeev & Anr.

Exemption allowed, subject to all just exceptions.

The Application stands disposed of.

The Application under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’ hereinafter) has been filed on behalf of the Appellant for condonation of delay of 156 days in filing the accompanying Appeal.

For the reasons stated in the Application and in the interest of justice, the delay of 156 days in filing the accompanying Appeal, is condoned and the Application is allowed.

The Application is disposed of accordingly.

The Appeal under Section 173 of the Motor Vehicles Act, 1988 ‘(M.V. Act’ hereinafter) has been filed on behalf of the Appellant/ Injured seeking enhancement of compensation granted in the sum of Rs.7,74,624/- along with the interest @8% p.a. vide Award dated 11.03.2024.

The enhancement of the compensation is sought on the following grounds:-

Learned counsel on behalf of the Insurance Company has appeared on advance notice and submits that the compensation has been granted, in accordance with law and no further interference is warranted.

Submissions heard.

The first ground on which the Appellant has sought enhancement is that the Medical Bills filed on record are in the sum of Rs.3,07,070/- but only Rs.2,00,000/- has been awarded.

The learned Tribunal has observed that the Medical Bills proved by the Claimants as well as PW-2,Sh.Jacob Lal from Green City Hospital, are of Rs.1,38,000/-. It is specifically noted that though there are certain other bills of surgical Appliances/instruments, pharmacy on the judicial record but the same has neither been verified nor proved. Considering the treatment and the nature of injury, total medical expenses of Rs.2,00,000/- has been awarded to the Claimant.

Considering the evidence and the observations of the learned Tribunal, no ground for interference on this account, is made out.

The enhancement of compensation has been sought on the account of Pain and Suffering and Loss of Amenities of Life. The injured had suffered a Permanent Disability to the extent of 21% in relation to left lower and upper limb, which has been assessed by the learned Tribunal as Functional Disability of 10.5%. The treatment of the Claimant continued for about four months.

Considering the nature of injury and the period of treatment, the compensation on account of Pain and Suffering is enhanced to Rs.1,00,000/-and under Loss of Amenities to Rs.50,000/-.

The Claimant has also sought the enhancement of Attendant Charges. It is submitted that the Appellant remained confined to bed for about one year, while the Attendant Charges have been granted only for four months, in the sum of Rs.32,000/-.

The learned counsel fairly concedes that there is no other evidence except the testimony of the injured himself that he remained confined to bed for one year. There is no cogent evidence in support of the Appellant being confined for one year. Pertinently, no evidence of Attendant or of payment to Attendant, has been proved.

The learned Tribunal has rightly granted the Attendant Charges for four months @Rs.8,000/- per month totalling to Rs.32,000/-. No ground for interference is made out.

The compensation is re-calculated as under:

In view of the above the total amount of compensation awarded is thus, enhanced to Rs. 8,74,624/- along with the interest @8% p.a. The enhanced compensation be deposited by the Insurance Company, before the Tribunal within four weeks, which shall be disbursed, in terms of the Award dated 30.09.2022.

The Appeal is disposed of accordingly.