BANSHI LAL Vs. BIRBAL

JUDGEMENT

(1.) THIS is an appeal under Sec. 173 of the Motor Vehicles Act for enhancement of award dt. 12.09.2002 passed by the Judge, Motor Accident Claims Tribunal, Pali, vide which, only an amount of Rs. 11,000/ - was granted. While praying for enhancement, learned counsel for the appellant submitted that three injuries were received by the appellant. One injury was simple, whereas the other two injuries were fracture of right arm and right leg. It is further contended that no compensation was awarded towards the hospitalization or the medical treatment. He had to remain in the hospital for 12 days and was advised rest for 3 months. It is also stated that the discharge certificate was filed before the tribunal before passing the award but the same has not been taken into consideration. It is further stated that the appellant had to publish the notice of respondent No. 1 in newspaper and respondent No. 2 was also served. Nonetheless, they did not appear before the tribunal and ex parte proceedings were drawn against them. The cost of the service through newspaper was not granted to him.

(2.) LEARNED counsel for the respondent -company while opposing the present appeal submitted that the appellant did not produce any evidence qua the medical expenses incurred by him for his treatment. He did not produce any evidence of hospitalization. Only one injury was grievous, i.e., compound fracture of the leg. The two other injuries were simple, as such, the amount awarded is fair and just.

(3.) IT is not disputed that the appellant sustained compound fracture of his right leg. It cannot be denied that the injured must have remained hospitalized for some time and for that, he must have incurred expenses on account of attendant, treatment and medicines. A compound fracture at times takes almost a year to heal. Even if, no evidence was produced to show that the appellant was hospitalized, the nature of injury in itself is sufficient to establish that he must have been hospitalized, as well as, confined to bed for some period. The exact number of days and the period spent by him on account of bed rest cannot be specified as there is no concrete proof. However, taking into account the injury as well as the discharge ticket, it can be safely said that the appellant must have spent atleast ten days in the hospital and remained confined at home for a minimum period of three months. If that is so, he must have incurred medical expenses on account of hospitalization and financial loss for having remained away from his work for 3 months. As such, Rs. 11,000/ - as compensation is on the lower side. In view of the above, the said amount is enhanced and an additional amount of Rs. 14,000/ -, without interest over and above Rs. 11,000/ - already granted, shall be paid to the appellant within one month from today. In case, the said amount is not paid within one month, the same shall be paid with interest at the rate of 9% from the expiry of one month from today. The appeal is partly allowed in the above terms.