RAVINDDRA SINGH Vs. JAIKISHAN VISNOI

JUDGEMENT

(1.) Thismiscellaneousappealhasbeenpreferredbythe appellant/claimant for enhancement of the amount awarded by 4th MACT, Morena, vide award dtd. 23/1/2018 in Claim Case No.110/2015 whereby MACT has awarded an amount of Rs.5,40,800.00 alongwith interest @ 7% per annum to the claimant for the injuries suffered in a road accident.

(2.) The necessary facts for the disposal of this appeal are that on 20/9/2014 at 1:00 PM the appellant was transporting potatoes in his truck from Agra to Nasik. The truck was being driven by Shailendra. As soon as the truck reached the Bypass Road ahead of Kanadiya Square, Indore, the driver of truck No. RJ19/GB 0135, by driving it rashly and negligently, collided his truck with the appellant's truck. As a result, the appellant suffered injury to his left shoulder joint, his left arm was broken off and hung and the muscles of his entire palm were crushed, leading to amputation of his left hand. The appellant also suffered permanent disability. Shailendra Gurjar, the driver, also sustained injuries in the accident.

(3.) Learned counsel for the appellant submits that appellant was a 48 years hale and hearty man. He owned truck No.RJ11/GA 2074 and was himself driving the said truck and by that earning a sum of Rs.12,000.00 per month which has been got proved by the appellant in his evidence, but even then learned Tribunal has considered his income as Rs.10,000.00 per month.. After the accident the appellant was admitted in M.Y Hospital, Indore, where he was treated, however, due to gangrene his left hand below shoulder was to be amputated. Thereafter on 20/9/2014 he was admitted in Arbindo Hospital, Indore, where his left hand was operated along with left leg. Skin grafting was done on his left foot. The appellant remained admitted there till 30/10/2014. Even after discharge condition of his injuries was not improved, therefore, in December, 2014 he was admitted in Pandey Chikitsalaya, Arjun Nagar, Agra, where again he was operated. He remained admitted there for 7 days. Even thereafter he was treated at Morena for quite long time, but condition of his injuries was not improved and he developed 85% permanent disability. Even after such grievous injuries and long treatment, learned Tribunal has awarded only a sum of Rs.40,000.00 under the head of pain & suffering which is on lower side. A sum of Rs.5,00,000.00 was spent in treatment, special diet and transportation. Due to the permanent disability, the appellant is unable to drive his truck and earn anything, therefore, as per the settled principles his loss of earning capacity ought to have been considered as 100%, whereas the learned Tribunal has taken the percentage of permanent disability in respect of whole body as 20% and accordingly computed the compensation. In support of her contention, learned counsel relied on the decision in the cases of Nur Ahamad Abdulsab Kanavi Vs. AbdulMunaf& Ors. decided on 11.02.2025in CivilAppeal No.2322/2025, Pratap Narain Singh Deo vs. Shrinivas Sabata & Anr. , 1976 ACJ 141, Arjun vs. Iffco-Tokio General Ins. Co. Ltd. and another, 2022 ACJ 970 and Raj Kumar vs. Ajay Kumar and Anr., (2011) ACJ 1. It is further submitted that learned Tribunal has erred in granting interest since 1/11/2015 which ought to be from the date of the application i.e. 2/3/2015. No future prospect has been awarded by learned Tribunal. Under other heads also learned Tribunal has awarded less compensation. Hence, prayed for enhancement of the compensation.