SURESH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Mr. S. Patwa, learned counsel for appellant, Mr. S.V. Dandwate, learned counsel for respondent No. 1 insurance company, Mr. S.S. Chouhan, learned counsel for respondent Nos. 2 and 3. They are heard on LA. No. 1184 of 2003 made by the appellant for early hearing of the appeal on merits. Application perused and considered. The same is hereby allowed. With consent arguments heard on merits.

(2.) Additional Motor Accidents Claims Tribunal, Kukshi, Distt. Dhar, (M.P.) in M.V. Case No. 84 of 1999 decided on 13.10.2000 has awarded a total amount of Rs. 60,751 to appellant for the grievous injuries sustained by him in a motor accident, which had taken place on 19.2.1999. At the relevant point of time appellant was aged about 25 years and was working as labourer. On account of the injuries sustained by him in the motor accident, the lower portion of his body has been rendered almost crippled. PW 2 K.C. Gupta has certified that the permanent disability of the appellant is to the tune of 92 per cent. It has also come on the record that he is confined to bed and is not able to perform his day-to-day activities as a normal human being. It is also a matter of record that he has become wholly dependent on others. Naturally in view of the aforesaid injuries he is not able to work as a labourer or to carry on the agricultural operations which he used to do before the accident.

(3.) On consideration of the submissions as advanced and after perusal of the record, we are of the considered opinion that the amount awarded to the appellant is on the lower side. He is a young man who has to live a long life. His life has been rendered absolutely miserable. Under the facts and circumstances we deem it fit that the appellant should be awarded a total amount of Rs. 3,50,000 (rupees three lakh fifty thousand) in all against all the respondents. The difference amount would carry interest at the rate of 8 per cent per annum from the date of application till it is actually paid. The impugned award is modified to the extent that the appellant would be entitled to receive from all the respondents jointly and severally a sum of Rs. 3,50,000 inclusive of medical expenses.