PADAM KUMAR JAIN Vs. SATISH KUMAR

JUDGEMENT

(1.) Both appeals arise out of the award passed by the 2nd Additional Motor Accidents Claims Tribunal, Barwani, in M.V. Case Nos. 179 and 180 of 1999 decided on 27.7.2002. Since they arise out of the common impugned award, the appeals were heard analogously and have been disposed of by this common order. However, the facts of both the appeals are taken up separately, which are as under: The appellant Padam Kumar Jain was aged about 40 years on the date of accident and was working as teacher in Government School, Barwani, drawing salary of Rs. 10,533 per month. In a motor accident he had sustained serious bodily injuries. There were fractures of tibia, fibula and hip bones. His face was disfigured. Apart from above, he had other related problems also. Dr. B.L. Khanger, PW 9, who had examined him, has assessed his permanent disability in right leg to the extent of 45 per cent. Exh. P-309 has been filed to show the extent of his disability. For the aforesaid injuries some of which are in the nature of permanent disability, he has been awarded a sum of Rs. 1,01,100. The appeal is for enhancement. In case of Sanjay Mishra, he has also sustained bodily injuries in the same road accident. He had fractures of elbow and in the leg where rod was required to be inserted and his face was also disfigured. At the time of accident he was working as driver and was aged about 29 years and was earning Rs. 8,000 to Rs. 9,000 per month. His permanent disability was assessed by Dr. B.L. Khanger at 67 per cent. He has been awarded a sum of Rs. 1,10,000. In this case also appellant being dissatisfied with the amount of award, has preferred appeal (M.A. No. 1655 of 2002) claiming enhancement.

(2.) Learned counsel for the parties are heard at length. Record perused.

(3.) Looking to the nature of injuries sustained by both the appellants, in the same motor accident, we are of the opinion that the amount awarded to them is on the lower side. Appellant Padam Kumar Jain has lost his ability to walk. He cannot squat on the ground. He has many- related problems on account of the permanent disability that he had suffered. Similar is the case of the appellant Sanjay Mishra whose permanent disability is still at a high degree. Sanjay Mishra was only 29 years of age at the time of accident. There is also shortening of leg in his case. Looking to the nature of permanent disability suffered by both the appellants, we are of the opinion that the amount awarded to them deserves to be enhanced and is hereby enhanced.