KAMALKISHORE Vs. SHIVSHANKAR

JUDGEMENT

(1.) BEING aggrieved by inadequacy of the amount awarded vide award dated 14.2.2001 passed by the Court of VIII Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 35/98 whereby a sum of Rs. 25,500 (Rupees twenty five thousand five hundred only) has been awarded, the present appeal has been filed.

(2.) LEARNED Counsel for the appellant submits that amount awarded is towards permanent disability Rs. 20,000 (Rupees twenty thousand only) and towards pain and suffering and medical expenses Rs. 5,500 (Rupees five thousand five hundred only). It is submitted that appellant was young man of 28 years, sustained the injury in his right leg. Because of the accident in his right leg was shortened by 5 cms. It is submitted that appellant was treated by various doctors. It is also submitted that in the medical evidence Dr. R.C. Upadhyay has stated that appellant sustained permanent disability of 40% (forty percent). It is further submitted that looking to the income of the appellant, the amount awarded is on lower side. It is also submitted that appellant has suffered pain and suffering for a period of three years and amount awarded towards pain and suffering is on lower side. Similarly amount awarded towards medical expenses is also on lower side.

(3.) AFTER taking into consideration all the evidence on record it appears that amount awarded is on lower side. No doubt no evidence is on record regarding medical expenses but the injuries and X -ray reports which are on record are enough to show the gravity of the injuries. Similarly the amount which has been awarded towards pain and suffering appears to be on lower side. Since the appellant himself has admitted that he is earning the same amount as he was earning prior to incident, therefore, the compensation cannot be calculated by adopting the method prescribed in Second Schedule under Section 163A of the Motor Vehicles Act. However taking note of the facts and circumstances of the case, compensation amount is enhanced from Rs. 25,500 (Rupees twenty five thousand five hundred only) to Rs. 75,000 (Rupees seventy five thousand only). The enhanced amount shall carry interest @ 6% per annum from the date of filing of the application.