ABDUL KAREEM Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation awarded vide award dated 18.10.1993 in Motor Claim Case No. 91 of 1992 passed by the IX Additional Motor Accidents Claims Tribunal, Bhopal.

(2.) It is not in dispute that on 7.1.1991, the appellant was travelling as a passenger in taxi No. MPF 7731 which was going from Bhopal to Sehore, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. The said taxi met with an accident as a result of which, the appellant received injuries on the left side of the body. He was admitted in District Hospital, Sehore and then was shifted to Hamidia Hospital, Bhopal, where he was treated for the injuries suffered by him. The Tribunal determined the compensation of Rs. 95,000 wherein 10 per cent deduction was made for lump sum payment. Thus the total compensation of Rs. 85,500 was awarded.

(3.) Learned counsel for the appellant submitted that the appellant was a mechanic who is not in a position to discharge his duties as mechanic because of the permanent disability suffered, recurrent subluxation of left hip and also restriction of movement in left knee. The injury has also resulted in shortening of left ankle. Besides, the Tribunal has not awarded any amount for pain and suffering which, the appellant had suffered during the treatment and will suffer in future. The appellant has also proved by evidence of Dr. Bhatnagar that he may require a hip joint replacement which may cause expenditure of Rs. 2,50,000. The deduction of 10 per cent for lump sum payment is illegal.