MANJOOR AHMED Vs. MOINUDDIN

JUDGEMENT

(1.) A motor accident had taken place on 7.6.1999 at about 1.30 noon while the present appellant then aged about 26 years, driver by profession, earning about Rs. 150/- per day was injured in the same. He was travelling in a bus belonging to respondent No. 2, driven by respondent No. 1 and insured with respondent No. 3. The factum of accident and appellant sustaining injuries thereof, have not been disputed. On claim petition being filed by appellant for awarding compensation, Motor Accident Claims Tribunal, Jaora in Claim Case No. 126 of 1999, decided on 6.8.2001, awarded a total sum of Rs. 42,250/- against all the respondents jointly and severally. Feeling aggrieved by inadequacy of the amount of award, this appeal has been preferred for enhancement. As per averments made by appellant, which stands proved by his evidence, he was aged about 26 years at the time of accident; was working as driver and was earning about Rs. 150/- per day. After the accident, he was admitted in Civil Hospital, Jaora for 2 days and, thereafter, he was shifted to Baroda and, then, was brought to Indore for further treatment. From the record and the evidence of Doctor S.K. Varun, it is established that radius and ulna bones of his left hand at the middle had sustained communicated fracture. After operation, plate was inserted and bone graft was also done. The movement of his left hand was severely restricted. Dr. Varun has opined that looking to the injuries sustained by appellant, the permanent disability for the whole body has been assessed at 9%. This is sufficient to show that he would not be in a position to perform the duty, as he is to do prior to the accident. It was also contended, that appellant would not be in a position to perform the job of driver, though, there is no concrete evidence in this regard. But, the fact remains that due to this permanent disability, movement of his left hand, has certainly been effected. The award further shows that nothing has been awarded to him towards general damages. Keeping in view the settled legal position, we find that the amount awarded, is, certainly on lower side and deserves to be enhanced. In our considered opinion, a lump sum amount of Rs. 1,50,000/- towards all heads would be just, proper and adequate compensation to be awarded to the appellant. The appeal is, therefore, allowed in part. The impugned award dated 6th August, 2001 is modified to the extent that appellant shall be entitled to receive a lump sum amount of Rs. 1,50,000/- from respondents jointly and severally. The difference amount would carry interest @ 6% per annum from the date of application till it is actually paid. Costs of the litigation shall be borne by respondent No. 3 throughout. Counsel fee Rs. 1,000/-, if, certified.