VARSHA Vs. CHHOTE KHAN

JUDGEMENT

(1.) AS per the Claim Petition on 3.1.2001 the appellant was a pillion rider on motorcycle. Her father Brijmohan was driving the said motorcycle. At Ahsanpura crossing towards Sarangpur on Agra-Bombay Road a truck bearing registration No. MP 014-6911 owned by the first respondent, driven by second respondent and insured with the third respondent came in an excessive speed and dashed the motorcycle as a result of which the appellant as also her father suffered grievous injuries. The appellant stated that her both hands were fractured, plating was done and she suffered permanent disability. The appellant, therefore, filed a claim petition seeking compensation of Rs.6,00,000/- from the respondents. The respondents No. 1 and 2 did not file any reply and remained ex-parte. The third respondent Insurance Company contested the claim and denied the liability to pay the compensation.

(2.) THE Claims Tribunal after recording the evidence held that the accident occurred due to rash and negligent driving of the truck by the driver and allowed the claim petition in part. The Claims Tribunal awarded compensation of Rs. 75,000/- in lump sum to the appellant. Appellant Varsha (AW 1) in her statement has deposed that in the said accident her both hands were fractured and nailing and plating was done. She further deposed that she was initially treated at Shajapur Hospital and thereafter shifted to M.Y. Hospital, Indore and then to Greater Kailash Nursing Home, Indore. She was hospitalized in the said Nursing Home for about 8 days and stayed at Indore for a month for treatment. She has further stated that she incurred 35,000/- for the treatment. She further stated that she in curred 35,000/- for her treatment. She further stated that she is a teacher in government school and getting salary of Rs. 2,257/- per month. Due to accident she could not attend the school for three months and as such her salary for three months was not paid. She also stated that due to the severe pain she is unable to perform her daily routine work and has to take help of others.

(3.) THE permanent disablement of 42.8% is with regard to both upper limbs. For whole body the permanent disability can be assessed to 20%. The appellant's annual income is Rs. 2,257/- per month, Rs. 27,000/- annually (Approx.). At the time of the accident she was aged 23 years. The multiplier of 17 would be proper. Thus, the total amount for loss of future earning will be Rs.5400 x 17 = Rs. 91,800/-. In addition the appellant has produced bills of medical expenses and expenses of transportation etc. of Rs. 30,143/- and as the appellant has stated that she could not retain all the bills the Tribunal has assessed the medical expenses to be of Rs.35,000/-, in my view it appears to be reasonable. Therefore, the appellant is also entitled to Rs. 35,000/- for medical expenses, expenses for attendant, transportation and special diet. In addition having regard to the nature of injuries the appellant is also entitled for Rs.25,000/- towards pain and suffering and Rs. 6,500/- for loss of salary during the period of hospitalization and treatment. Thus, the total compensation of Rs. 1,58,300/- is payable to the appellant. The enhanced amount shall carry interest at the rate of 6% per annum from the date of claim petition till the date of payment. The appeal is allowed partly. No orders as to cost.