BANESINGH Vs. BHARATSINGH

JUDGEMENT

(1.) This appeal is by the claimant for enhancement. On 30.10.2004, appellant met with an accident and sustained grievous injuries in the left leg, i.e., fracture of patella and femur bone. He was admitted in the hospital and had remained there as an indoor patient from 30.10.2004 to 6.11.2004. Claims Tribunal has awarded a total sum of Rs. 73,100 as compensation. While awarding the amount of compensation, Claims Tribunal has exonerated the insurance company on the ground of breach of policy. Hence, this appeal for enhancement as well as to saddle the liability on the insurance company.

(2.) The first question relating to enhancement may be considered. Appellant at the time of the accident was employed as a teacher. He was getting a monthly salary of Rs. 7,725. On account of injuries sustained by him in the said accident, he remained hospitalised for different spells on 3 occasions. In all, he remained on medical leave for a period of three months as is clear from the leave certificate vide Exh. P21. The doctor was examined to prove that appellant had sustained permanent disability to the extent of 49 per cent and that there is shortening of leg by one inch. It has also come in evidence that because of shortening of leg, the appellant has lost his natural gait and walks with limp. The Claims Tribunal has awarded only a sum of Rs. 15,000 as general damages on account of aforesaid injuries and permanent disability, which, in our considered opinion, seems to be on lower side. It is contended by the counsel that appellant is unable to walk without support and he has to suffer these injuries throughout his life.

(3.) Considering the overall facts and circumstances of the case, in our opinion, a sum of Rs. 1,50,000 (rupees one lakh fifty thousand) instead of Rs. 73,100 as awarded by the Claims Tribunal would be just and proper amount of compensation payable to the appellant, which will take care of various heads.