HUKUM SINGH Vs. MAHESH

JUDGEMENT

(1.) THIS appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an award dated 29.10.2007 passed by learned 15th Member, MACT, Indore in claim case No. 236/2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 53,976.00 with interest @ 7.5% per annum for the injuries sustained, arising out of the accident occurred on 26/1/2006.

(2.) APPELLANT had preferred a claim petition under section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 18,00,000/-. He had received the injury in spine, fracture in L-l & L-2 vertebra, compund fracture in middle finger of left hand, left 6th rib and 10th right rib were cut down, to which operation was performed and also injury left eyelid to which also operation was done. He remain hospitilized for about 35 days in Arvindo Hospital, Indore. The Tribunal awarded Rs. 5,976/- towards medical expenses, Rs. 15,000/- in pain & suffering, Rs. 1,000/- in special diet, Rs. 5,000/- for non peculiarly loss and Rs. 18,000/- towards loss of wages. The certificate of permanent disablement, Ex. P/451 is available on record, whereby the doctor has given disability to the extent of 35%, but the Tribunal has disbelieved with an observation that no <IMG>JUDGEMENT_107_MPWN2_2010Image1.jpg</IMG> has been used. Accordingly, the total sum of Rs. 53,976/- has been allowed.

(3.) PI has been allowed. Such finding is prima facie perverse to deny the disability, as opined by the doctor of the panel of the Insurance Company, thus appropriate amount in future loss of earning may be awarded, due to said disability. It is also contended by Shri Chauhan that the amount awarded in the head of conveyance and attendant charges is inadequate, therefore, some further amount may be allowed. Accordingly, prayer is made to allow this appeal and to grant adequate compensation enhancing the amount as allowed by the Tribunal.