SANJAY SEN Vs. RAM SINGH PATEL

JUDGEMENT

(1.) Miscellaneous Appeal No. 720/2011 has been filed by the claimant seeking enhancement of compensation awarded by the Claims Tribunal while M.A. No. 1248/2011 has been filed by the Insurance Company assailing the finding of pay and recover challenging the award dated 5th January, 2011 by XVIII Additional Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 78/2010. Hence, both the appeals are heard analogously and decided by this common order. The claimant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 5,20,000/ - for the injuries sustained by him in an accident took place on 22nd December, 2009.

(2.) In an accident took place on 22nd December, 1999 at about 7.30 p.m. wherein on Kareli road he was dashed by a vehicle Tata 407 bearing Registration No. M.P. 49 E-0129 by the driver, however, he has received injuries including the fracture of femur bone. The Tribunal found that the driver who was driving the offending vehicle was not having an endorsement to drive the transport vehicle, exonerated the Insurance Company and directed to pay and recover. The Tribunal accepting the permanent disability as per certificate Ext. P/24 to the extent of 40% awarded Rs. 50,000/- in lump sum in the said head and in addition thereto Rs. 28,000/- in head of medical expenses and Rs. 5000/- in the head of future treatment, Rs. 2,500/- in the head of special diet, attendant and conveyance has been awarded by the Tribunal making the total compensation Rs. 85,500/-.

(3.) Learned Counsel appearing on behalf of the appellant contends that looking to the certificate of permanent disability shortening of 1" of right leg was found as per the certificate given by the doctor, however the finding of permanent disability has rightly been recorded by the Tribunal but while granting compensation multiplier method has not been applied, therefore, the compensation so awarded by the Claims Tribunal is inadequate. The compensation awarded in other heads i.e. special diet, attendant, conveyance, loss of wages during treatment is inadequate, therefore, the compensation may be reasonably enhanced in the said head. It is also submitted that in the facts and circumstances of the case in which a person who was driving the vehicle was not having endorsement to drive transport vehicle, the finding so recorded by the Tribunal to pay and recover exercising discretion appears to be just which do not warrant any interference in the appeal filed by the Insurance Company.