MAHENDER Vs. AJAYKUMAR MITRA

JUDGEMENT

(1.) This is an appeal for enhancement of compensation awarded by Additional Member, Motor Accidents Claims Tribunal, Badwani, in Claim Case No. 131 of 2001; decided on 10.5.2002.

(2.) On account of an accident the appellant suffered personal injury for which he lodged a claim for compensation against the respondents on the ground that respondent No. 2 Rampal caused the accident due to rash and negligent driving of the passenger bus bearing registration No. MKN 4786 on 24.12.2000. The Tribunal found that respondent No. 2 was responsible for causing accident. At the time of accident the offending vehicle was owned by respondent No. 1 and was insured with respondent No. 3. This finding has not been assailed before us; thus, we affirm the same.

(3.) The learned counsel for the appellant submitted that looking to the nature and the extent of various injuries sustained by appellant in the said accident the Claims Tribunal awarded a lump sum amount of Rs. 2,00,000 only which is on lower side. Learned counsel for the appellant submitted that the appellant sustained serious injuries in right hand, chest, head, left leg as a result, the appellant was required to undergo prolong treatment at Gokuldas Hospital, Indore as indoor patient. He also underwent operation. In support of his contention the appellant has examined Dr. B.L. Khangar, PW 5. According to Dr. Khangar, appellant had sustained fracture in left femur bone, right wrist for which the appellant was administered first aid at Badwani and thereafter he was referred to Gokuldas Hospital, Indore for further treatment. From the evidence of Dr. Khangar and the medical certificate, Exh. P-100, it is clear that the right hand and left leg remained in plaster. Even after removal of the plaster the appellant had pain in the leg as well as in the wrist. He cannot walk for a long period without getting swelling in the leg. He cannot walk fast without limping. He cannot squat. On examination Dr. Khangar found 1 cm. and 4 cm. wasting in the right forearm and the left leg respectively. A rod was inserted in the left leg. Doctor also found that there was restriction in the wrist movement as well as in left knee and ankle joint. Doctor also found that the loss of stability in the left leg was to the tune of 27 per cent. As per the medical certificate, Exh. P-100, doctor found permanent disability in the right arm was to the extent of 16.2 per cent and in the left leg to the extent of 37.7 per cent. The appellant on account of prolong treatment had to depend upon a private servant for performing his daily routine. For this he filed a stamped receipt. The appellant also filed various medical bills and prescriptions to indicate that he has incurred substantial amount of expenses on medicines. Learned counsel for the appellant further submitted that looking to the young age of the appellant and the permanent disability v/hich he sustained, not only his marriage prospects have diminished but his future career is also jeopardised to a great extent. The appellant aspired to become a Police Inspector but now on account of this permanent disability he may not get the job of his own liking. Thus, learned counsel for the appellant submitted that looking to the nature and extent of injuries sustained by appellant, the amount of compensation should be suitably enhanced so as to make it just and proper.