PARAG Vs. HEMRAJ

JUDGEMENT

(1.) BEING aggrieved by the award dated 09.01.2009 passed by MACT, Indore in claim case No.262/07 whereby learned tribunal awarded a total sum of Rs.40,000/- with interest to the claimant by way of compensation for the injuries which he sustained in an accident. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent ?

(2.) IT is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that Justly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) LEARNED counsel for the appellant submits that appellant sustained fracture of tibia and fibula and also fracture of two fingers in left hand in a motor accident and was hospitalized from 14/04/2007 and on 20.04.2007 appellant was operated, rod was inserted and permanent disability was assessed as 10%. It is submitted that income of the appellant was 3,23,000/- per year, therefore, amount of compensation on account of permanent disability ought to have been assessed keeping in view the income of appellant. It is submitted that appellant spent a sum of Rs.52,000/- in his treatment out of which Rs.2,550/- has been awarded on the ground that a sum of Rs.47,000/- has been reimbursed under the mediclaim policy. It is submitted that approach of the learned tribunal is illegal and cannot be allowed to sustain. For this contention reliance is placed on a decision in the matter of Madhya Pradesh State Road Trans. Corpn. Vs. Priyank 2000 ACJ 701 wherein after placing reliance on a decision in the matter of Kashiram Mathur Vs. Rajendra Singh 1983 ACJ 152 (MP) this Court held that amount received from the Insurance Company for medical treatment and disability is not deductible from the amount of compensation as it was paid to the claimant under contract of insurance for which he had paid premium. It is submitted that on other heads also amount awarded is on lower side. It is submitted that looking to the injuries sustained by the appellant amount, awarded by the learned tribunal is grossly inadequate which deserves to be enhanced by allowing the appeal filed by the appellant.