PRADEEP JOSHI Vs. ABBAS KHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 16.4.2001 passed by 1st MACT, Khandwa, in claim case No. 29/2000. In an accident dated 13.12.1999 when claimant Pradeep Joshi was alighting the bus, owned by MPSRTC and driven by Abbas Khan, it was started all of a sudden in rash and negligent manner due to which he fell down. Climant's legs were crushed in the rear wheel of the bus, he sustained fracture of femur and tibia and other injuries. He was taken to Khandwa and thereafter he was referred to Choithram hospital at Indore where he remained admitted for 10 days. Steel rods and plates were inserted to unite the bones, inspite of prolong treatment injuries have not been improved completely. He is unable to walk properly. He has incurred permanent disability. He was working in the Reliance Gas Agency, earning a sum of Rs. 3,000/- per month. Compensation of Rs. 8,70,000/- was claimed.

(2.) DRIVER and MPSRTC in their separate written statement denied the c-verments made in the claim petition. The factum of accident was denied. Claimant was not travelling in the bus, had not paid any fare, thus, they are not liable to make payment of compensation.

(3.) COMING to the question of permanent disability incurred by the claimant in the accident, it is clear that he has sustained fracture of femur and tibia of right leg. He was treated in Choithram Hospital at Indore and initial treatment was given at Khandwa. No doubt about it that certificate (A.110) has been issued by Dr. Arju Wadhwani not by Mecial Board. He has opined that fractures have united, the claimant was limping at the relevant time. Doctor has assessed the disability in the right leg to the extent of 40% and in the leg to the extent of 35%. It is apparent from the statement of Dr. A.N. Bajpai that though the percentage of the disability is to the aforesaid extent of each leg but he was unable to state what was the percentage of the disability of total body. He has stated that overall disability cannot be taken at 75% and there is possibility of improvement and reduction in the percentage of permanent disability. He has further admitted that percentage of disability has been reduced in the eleven month of treatment but he has not stated how much disability has been reduced. Other Doctor, who has given certificate, Mr. Wadhwani has not been examined, thus, we find that though the permanent disability has been incurred to certain extent but its exact percentage has not been established and there was likelihood of further improvement as stated by the Doctor. We find that award of compensation of Rs. 40,000/- on account of permanent disability is on lower side. We enhance it instead of Rs. 40,000/- to Rs. 1 lac while we affirm the grant of Rs. 45,000/- on account of medical expenses. We enhance the amount on account of physical pain and suffering from Rs. 10,000/- to Rs. 15,000/-. We award a further sum of Rs. 10,000/- on account of special diet, conveyance and attendant charges. We award thus :-