GOUTAM VISHWASH Vs. ARJUN GIRI

JUDGEMENT

(1.) The instant appeal has been preferred by the claimant against the award dtd. 21/3/2017 passed by the 7th Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No.72 of 2016 for enhancement of the compensation awarded by the Tribunal.

(2.) Facts of the case, in short, are that at the time of accident, the Appellant/claimant was aged about 62 years and was working as an Assistant Professor in Mechanical Engineering Department in Raipur Institute of Technology, Raipur. On 28/9/2015 at about 7:30 a.m., when the Appellant was standing near the traffic signal Telibandha, Raipur for going to Raipur City, Respondent 1/driver of the offending truck bearing registration No.CG 04 JD 3831 by driving the truck rashly and negligently dashed the Appellant/claimant. As a result of the accident, the Appellant sustained multiple grievous injuries on various parts of his body. Respondent 2 was the registered owner of the offending truck and the truck was insured with Respondent 3. After the accident, the Appellant was hospitalised for treatment for about 1 1/2 months. During the treatment, his left leg was operated and amputated from above the knee. As per his disability certificate, the Appellant has sustained 80% permanent disability. He has not recovered fully and is still not able to do his daily routine work and is facing great hardship in walking, sitting, standing and in his work of teaching. At the time of accident, he was earning Rs.40,000.00 per month from his work of teaching as an Assistant Professor. He filed a claim petition under Sec. 166 of the Motor Vehicles Act before the Tribunal claiming compensation of Rs.31,50,000..00 After recording evidence and hearing the parties, the Tribunal passed the impugned award of Rs.7,00,000.00 in his favour. Hence, the instant appeal by him for enhancement of the compensation.

(3.) Learned Counsel appearing for the Appellant/claimant submitted that the Tribunal has erred in disbelieving the evidence adduced by the Appellant/claimant in proper manner as the left leg was amputated from above the knee. The Appellant is unable to do his daily routine work. He is facing great hardship in walking, sitting, standing and also in his work of teaching. The Tribunal has also grossly erred in not accepting and considering the disability certificate in proper manner. The Tribunal has also failed to appreciate the fact that the Appellant is still taking treatment and facing great problems in his day to day life because of the injuries sustained. The Tribunal has only awarded Rs.7,00,000.00 and out of that amount, Rs.6,61,485.00 is for the medical expenses and the Tribunal has only granted Rs.38,515.00 for pain and suffering etc. The Tribunal has not granted any compensation under various heads, e.g., for special/nutritious diet, for future treatment, for loss of income during treatment, for loss of future income and for transportation charges. Therefore, it was prayed by the Learned Counsel that the compensation may be enhanced suitably. Reliance was placed on 2011 (III) DMP 493 (SC) (Govind Yadav v. The New India Insurance Company Limited), 2011 (III) DMP 103 (SC) (Sri Kumaresh v. The Divisional Manager, National Insurance Co. Ltd.), 2014 2 SCC 735 (Syed Sadiq v. Divisional Manager, United India Insurance Company Limited) and 2020 4 SCC 413 (Kajal v. Jagdish Chand).