S C JOSHI Vs. ASHOK KUMAR SINGH

JUDGEMENT

(1.) ASSAILING the award dated 31/07/2009 passed by the 13th Additional Member, Motor Accident Claims Tribunal, Bhopal in Claim Case No.933/20008 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 28/1/2008 in which he sustained injuries.

(2.) THE injured/claimant has filed claim petition under Section 166 of the Motor Vehicles Act, 1988 on account of receiving head injuries in the road accident took place on 28/1/2008. He remained hospitalized in C.H.L. Apollo Hosopital, Indore from 28/1/2008 to 24/3/2008. It is stated that the injured was not in a position to move without assistance and unable to perform the duty in future, however, his promotional prospects have itself been lost by such accident. It is further said that on the date of accident he was working as a Private Secretary in Government of Madhya Pradesh and getting salary of Rs.24,000/ -, however, compensation to the tune of Rs.85,00,000/ - was prayed for.

(3.) SHRI J.L. Mishra, learned counsel for the appellant, contends that on account of receiving the injuries as the appellant is not in a position to move from the bed, however, on medical ground he has applied for voluntary retirement which was accepted by the GAD vide order dated 10th May, 2010 w.e.f. 20th May, 2010. In consequence thereto he is merely getting pension of Rs.21,000/ - only leaving aside all the promotional and future prospects in the employment. Thus, compensation in future loss of earning may further be awarded taking it to be a case of hundred percent permanent disability for loss of earning faced by the injured and the family due to said accident. It is further said that medical bills from Ex.P/933 to P/1017 have been ignored by the Tribunal on unsustainable reasons, however, the finding to that effect is perverse. It is also contended that Rs.10,000/ - awarded for pain and suffering is inadequate looking to the injuries thereby the injured has bed ridden for whole life and unable to maintain his life. In other heads amount so awarded is inadequate. It is further contended that the injured is required to undergo physiotherapy for whole life, therefore, future medical expenses may be awarded. In view of forgoing, it is urged that the appeal may be allowed and the enhancement may be directed reasonably.