RAJENDER SINGH Vs. AJIT SINGH AND OTHERS

JUDGEMENT

(1.) Petition filed by the appellant under Section 166 of the Motor Vehicles Act, 1988 seeking a sum of Rs. 10,00,000/- as compensation on account of injuries suffered by him in a motor vehicular accident was partly accepted by the Motor Accidents Claims Tribunal, Narnaul on 9.12.2009 by awarding him an amount of Rs. 80,000/- in all, i.e. Rs. 50,000/- as compensation for pain and suffering, expenses of treatment, including hospitalization, medicines, conveyance and special diet and, Rs. 30,000/- as compensation for permanent disability resulting in loss of enjoyment of life. The appellant has sought enhancement of the compensation amount in this appeal.

(2.) Learned counsel for the appellant has submitted that the amount of Rs. 50,000/- awarded to the appellant for pain and suffering, expenses of treatment, etc., is highly inadequate. During the trial of the claim petition, the appellant had placed on record the bills and receipts Mark P-1 to P-14 regarding the treatment received by him and the total amount involved in the said bills and receipts comes to Rs. 38,732/-. The receipts Mark P-16 to P-22 produced by the appellant pertained to an expenditure of Rs. 6,700/- incurred by him on using conveyance for visiting the hospital for treatment. Even the appellant had not been paid adequate amount for the special diet as well as pain and suffering. It is true that the bills and receipts regarding medical treatment as well as bills and receipts regarding conveyance charges have not been formally proved but it being summary proceedings, the notice of the aforementioned bills and receipts Mark P-1 to P-14 and P- 16 to P-22 can be taken. Therefore, it can safely be concluded that the appellant had spent an amount of Rs. 38,732/- on his medical treatment and Rs. 6,700/- as conveyance charges. Besides, he is entitled to receive an amount of Rs. 10,000/- for pain and suffering, Rs. 10,000/- for special attendant, Rs. 10,000/- for special diet, and Rs. 10,000/- for loss of income. Therefore, the amount of Rs. 50,000/- already awarded by the Tribunal as compensation for pain and suffering, expenses on treatment, medicine, conveyance and special diet is enhanced from Rs. 50,000/- to Rs. 85,432/-.

(3.) Counsel for the respondent-Insurance Company has submitted that the amount of Rs. 30,000/- awarded by the Tribunal to the appellant on account of permanent disability to the extent of 10% is on the excessive side and needs to be reduced to Rs. 20,000/-. However, fact remains that no appeal has been filed by the respondent-Insurance Company against the impugned award and, therefore, this Court has no other option but to uphold the amount of Rs. 30,000/- as compensation for permanent disability, resulting in loss of enjoyment of life. As a result thereof, the appellant is held entitled to receive an amount of Rs. 1,15,432/- as compensation.