VIKRAM Vs. AZAD KUMAR

JUDGEMENT

(1.) THE appellant being aggrieved by the Award dated 21.9.1987 passed in claim case No. 34/87 by the Member, Motor Accidents Claims Tribunal, Indore, has preferred this appeal for enhancement.

(2.) FACTS material for the appeal are that on 31.12.79 the appellant's right leg was crushed by the vehicle No. C.P.F. 9729 which was being driven by the respondent No. 2, owned by the respondent No. 1 and insured with the respondent No. 3. According to the claimant 2nd, 3rd and 4th meta -torsus bones were fractured and he also suffered fracture of cubibe -bone. It was also alleged that the appellant had to undergo various operations and skin grafting and was lodged in the hospital for the period 31.12.79 to 13.2.80. According to the claimant he suffered 35% permanent disability, therefore he was entitled to an amount of Rs. 60,000/ - as compensation with interest. The respondents did not dispute the material facts about the ownership and insurance. They, however, contended that on 31.12.1979 the vehicle in question was under the control of one Babukhan. The claimant was trying to board the vehicle but because of a fall he suffered the injuries. According to them they were not answerable to the claim.

(3.) I have heard the parties and have perused the record. From the evidence of Dr. Jagmoh and Lahoti (P.W. 6) it is clear that the appellant suffered permanent disability to the extent of 35%. There is no cross -examination to impair the credibility of this witness. The trial Court was right in holding that the appellant suffered 35% permanent disability. The appellant, on the date of the accident, was a minor, he was about 14 years of age. The doctor's evidence, if it is accepted as correct, then the appellant who had to undergo the operations, skin grafting and was required to be lodged in hospital for almost six weeks, would be entitled to the medical expenses, etc. The trial Court awarded Rs. 5,000/ - towards pain and sufferings. In my opinion, this amount needs to be enhanced to Rs. 10,000/ -. The trial Court has awarded Rs. 10,000/ - towards the 35% permanent disability or loss of future earning. In my opinion, this amount also deserves to be enhanced to Rs. 15,000/ - because in agricultural labour who is required to be fit, if there is 35% disability, cannot be gainfully employed in future like an ordinary labour. The trial Court awarded Rs. 79.25 p. towards medical expenses. Lodgment of the appellant in the hospital for six weeks, the treatment for a period of three months, diet, medicines and so on, cannot be negatived merely because he was unable to produce all the bills. Under this head, to my mind, a sum of Rs. 5,000/ - must be awarded to the appellant. The appellant, under the circumstances, is entitled to a sum of Rs. 30,000/ - as damages. The respondents would be answerable to the claim of the appellant jointly and severally. The appellant would also be entitled to interest @ 9% p.a. from the date of the application till realisation. There shall be no order as to costs.