AKSHYA Vs. HEM RAJ SINGH

JUDGEMENT

(1.) This appeal is filed by the appellant under section 173 of Motor Vehicles Act against an award dated 30.8.2008 passed by learned M.A.C.T., Indore in Claim Case No. 148 of 2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,00,000 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 1.1.2006.

(2.) The appellant had preferred a claim petition under section 165 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 15,00,000. According to the appellant compensation awarded by the Claims Tribunal is meagre and deserves enhancement; however by filing the appeal, inadequacy of the compensation has been assailed.

(3.) It is a case in which the injured has suffered injury in spinal cord CI to C7 and D1 D4 and D6 vertebrae. At the time of accident, he was not having any sensation and the body was paralysed. Initially, he was admitted to Unique Hospital, thereafter in Bombay Hospital, in between 2.1.2006 and 24.2.2006. Operation was performed and the liquid was poured in the body after performing the operation of the back. On discharge, again he was hospitalised at Unique Hospital and remained there from 24.2.2006 to 8.3.2006. Thereafter he was examined by the India fame doctor, Dr. Bhagwati, on 25.4.2006 and directed to continue with the treatment and physiotherapy at the Bombay Hospital. Regular check-up has been performed in Unique Hospital and M.Y. Hospital. Doctor has deposed in the court and to support the certificate of the permanent disablement Exh. P20 whereby 70 per cent permanent disablement was found. As per the statement of the doctor, it is apparent that he can move only on a wheelchair. The strength on the left side is 2 per cent while in the right side is 3 per cent. He cannot do his routine work on his own, therefore, the certificate of disablement was given. In view of the said disablement to the extent of 60 per cent, Claims Tribunal has awarded total sum of Rs. 3,00,000, out of which Rs. 1,14,649 is for medical expenses and Rs. 10,351 for special diet and conveyance; Rs. 1,75,000 has further been awarded in the head of future loss of earnings and in other heads. Mr. Nema, learned counsel for the appellant, referring to the statement of Dr. A. Mehrotra, who is one of the members of the Medical Board and given the certificate, submits that it is a case of total loss of earnings and the appellant requires an attendant throughout his lifetime. His future prospects have been lost and he cannot live his life with enjoyment and shall remain as a live body till his survival. Therefore, in such a case, sufficient amount of compensation ought to have been granted and Tribunal has not properly granted the compensation, therefore, by enhancing the same, the appeal may be allowed.