SANJAY Vs. SANJAY

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident on 04.07.1997. He was a conductor in a jeep and he was making his claim against his employer. He had suffered fracture of the back bone and fracture in his leg. He claimed that he is not able to stand properly. The contention in defence was that the petition should have been filed only under the Workmen's Compensation Act and not before the Motor Accident Claims Tribunal. The claim by the insurance company was that the driver of the vehicle had not been duly licensed and there had been a breach of term of policy. The insurance company had also brought on evidence the records from the original issuing office to state that there was no driving licence issued in the name of the driver who was held responsible for the accident. The Tribunal held further that there had been a valid renewal of the licence and the owner of the vehicle must have been under bona fide belief that the driver had a valid driving licence. It assessed the compensation of Rs. 50,000/ - and directed the insurance company to pay. Apart from an appeal from the claimant for enhancement of compensation, there is also a cross -objection by the insurance company regarding the issue of liability.

(2.) I find that the quality of evidence which is adduced is not satisfactory at all to make a better appraisal of compensation under various heads. I have no medical evidence with me to assess the actual nature of disability that was caused on account of fractures and to what extent they are healed and also whether there is any permanent disability that could hamper his earning skills. The Tribunal provided Rs. 20,000/ - towards present and future loss of earning, provided Rs. 20,000/ - as medical expenses and Rs. 10,000/ - for pain and suffering. For two fractures, I would award the compensation at Rs. 15,000/ - (an addition of Rs. 5,000/ -) and for a back injury, I will provide for an additional head of claim towards loss of amenities at another Rs. 10,000/ -. On the whole, there would be an additional compensation of Rs. 15,000/ - with interest payable at Rs. 7.5% from the date of petition till the date of payment.

(3.) THERE shall be an additional compensation of Rs. 15,000/ -. The liability shall be on the insurance company. The award stands modified and the appeal is allowed to the above extent. The cross objection is dismissed.