LAWS(MPH)-1992-2-29

HARISHANKAR Vs. GAFOOR

Decided On February 20, 1992
HARISHANKAR Appellant
V/S
GAFOOR Respondents

JUDGEMENT

(1.) THE appellant/claimant/injured has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation awarded on 22.3.1990, in Claim Case No. 274 of 1981, by the Motor Accidents Claims Tribunal, Indore, (for short, the 'Tribunal').

(2.) THE facts. On 21.11.1981 at about 7 p.m. the appellant/appellant for claimant Pedestrian was going through the land near Das Medical, Indore, where tempo (No. MPN 8045), driven by respondent No. 2, owned by respondent No. 1 .and insured with respondent No. 3/The National Insurance Company, was going towards Rajbada; the tempo knocked down the appellant, as a result of which the claimant received a fracture of tibia and fibula in the right leg. He was medically examined by Dr. Pradip Bhargava, Orthopaedic Surgeon, Lecturer in Orthopaedics, M.O.M. Medical College and M. Y. Hospital, Indore. Thereafter the claimant presented an application under Section 110-A of the Motor Vehicles Act, 1939, and claimed compensation of Rs. 28,200/. The Tribunal after evaluating the evidence, found that the accident occurred due to the rash and negligent driving of the vehicle by the driver/respondent No. 2, and held the driver, the owner and the insurer, as jointly and severally liable to pay compensation. On quantum, the Tribunal awarded Rs. 500/- towards the expenses incurred by the claimant for getting himself medically treated and for special diet; Rs. 1900/- for loss of earnings for about 18 weeks, i.e. to 12 weeks during which the claimant remained under plaster, and 6 to 8 weeks as the time taken for rehabilitation, and Rs. 15,000/- in the head of general damages (Rs. 5,000/-forphysical pain and mental agony and Rs. 10,000/- for permanent disability incurred by the claimant because of shortening of the right leg by 1/2" and wastage of muscles). Thus, in all, the Tribunal awarded Rs. 17,400/- with interest at the rate of 12% per annum from the date of the application till payment.

(3.) SHRI A.H. Khan, counsel for respondent No. 3, relying on Sureshsingh's case (supra) contended that in that case the shortening of leg was by one inch and the disability assessed was 20%. Therefore, the Tribunal rightly fixed the compensation at Rs. 17,400/ considering the facts and circumstances of the case, the compensation so awarded is not inadequately low; therefore, interference in appeal is not warranted.