RAMCHANDRA Vs. GHOODA RAM

JUDGEMENT

(1.) THIS civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter 'the Act of 1988') has been filed against the judgment dated 11.04.2002, passed by the MACT, Shahpura. Thereby the learned MACT awarded the appellant -claimant (hereinafter 'the claimant') a sum of Rs. 50,500/ - as compensation along with interest @ 9% p.a. effective 01.11.1996 till the date of payment for the fracture suffered by the claimant in his right leg in an accident of 01.09.1996 caused by a tractor owned by the respondent -non -claimant Ramchandra, at the relevant time driven by Bhooda Ram and insured with the respondent -the New India Assurance Co. Ltd. (hereinafter 'the Insurance Company').

(2.) MR . Rakesh Bhargava, appearing for the claimant confined his submissions in this appeal to the issue of inadequacy of compensation. It was submitted that the age of the claimant, also sharing the name Ramchandra with the owner of the offending vehicle, was 35 years at the time of accident and working as an agriculturist earning about Rs. 4,500/ - p.m. Counsel submitted that in determining the compensation, the MACT has perfunctorily arrived at a figure of Rs. 50,500/ - constituted of Rs. 5,000/ - towards physical and mental pain as a result of the accident, a sum of Rs. 3,500/ - towards medicines, a sum of Rs. 2,000/ - towards hospital expenses and Rs. 40,000/ - for loss of income resulting from the partial permanent disability of 8.20%. Counsel submitted that no reasons have been advanced by the MACT for arriving at the total compensation of Rs. 50,500/ - and the compensation is grossly inadequate. Reliance was placed to the judgment of the Hon'ble Supreme Court in the case of Shashendra Lahiri Vs. UNICEF & Ors. [ : 1998 ACJ 859] where the Hon'ble Supreme court granted compensation of Rs. 4,50,000/ - in a case where a 17 years old brilliant student of B.Com suffered partial permanent disability in an accident which occasioned shortening of his one leg by 3 inches. Reliance was also placed to the judgment of the Hon'ble Supreme Court in the case of Swatantra Kumar Vs. Qamar Ali & Ors. [ : 1998 ACJ 920] where the Hon'ble Supreme Court in a case of shortening of leg by 13/4 inches of a photographer at the time earning Rs. 500/ - p.m. broadly enhanced the compensation by a sum of Rs. 1 lakh under the head of pain, shock and suffering as well as for future economic loss. It was submitted that in the context of the aforesaid two decisions of the Hon'ble Supreme Court in similar matters, award of total compensation of Rs. 50,500/ - along with interest @ 9% p.a. to the claimants, as detailed was wholly inadequate and deserves to be enhanced by a further sum of Rs. 4 lakhs.

(3.) HEARD the counsel for the parties and perused the impugned order dated 11.04.2002, passed by the MACT, Shahpura.