RAKESH Vs. SHEKAR

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act challenging the inadequacy of the Award dated 28.2.2009 passed by learned MACT, Indore in Claim Case No. 86/08, whereby the Claims Tribunal has awarded a total sum of Rs. 2,88,400 with interest by way of compensation for the injuries sustained by appellant in the accident occurred on 6.3.2008.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation; to the tune of Rs. 10,000 on account of injuries received over the head in an accident took place on 6.3.2008. It is said that appellant has received the fractures on right parieto, temporal bone, fracture of acrominon process right scapula, fracture in right skull, fracture left leg over knee and received the injury on jaw and chest. It is said that when he was going to his office Metrolus Pvt. Ltd by cycle at that time an auto rickshaw bearing registration No. MP09 L.N. 3108 driving rashly and negligently, dashed the appellant s cycle to the wrong side. By virtue of the said accident appellant fell down on the spot and admitted in the hospital. The treating Neuro Surgeon of M.Y. Hospital have given the certificate and stated that appellant having injury over the head and having Afisia to which not in a position to speak and his right side is paralysis. It is further said that he is having deficiency in speaking up to 70%, power of right hand 25%, power of right upper limb 50% and the skull deformity up to 30%. The certificate of permanent disability Ex. P/9 is on record. The Tribunal after considering the evidence available on record granted total compensation of Rs. 2,88,400 bifurcating it into various heads like Rs. 2,33,400 for permanent disablement treating the total permanent disablement to the extent of 40% by assuming the earning Rs. 3,000 per month and Rs. 10,000 for pain and suffering and special diet and Rs. 48,000 for medical expenses.

(3.) Mr. Jaiswal, learned Counsel for the appellant submits that by the consent of the parties in the Lok Adalat the medical examination of appellant has further been performed under the orders of this Court, through the doctors of M.Y. Hospital, Medicine Department as well as Neuro Surgeon. The documents thereof are available on record. In the light of those documents and the observations as made by the Trial Court that appellant is likely to be a living corpse and none else, therefore, it is a case of total loss of earning by virtue of injuries received by him. In view of above, it is urged that calculation of loss of earning ought to have been made on the basis of total loss of earning. On account of said permanent disablement it is further contended that looking to the physical condition of the appellant, he required one attender for whole life. He is having two sons and two daughters, but on account of said accident he is not in a position to discharge essential and ritual liabilities, education and marriage of his sons and daughters by earning the livelihood. Looking to all these facts, it is urged that some amount in this head and for loss of amenities of life to such a person, who is alive for living without having amenities of life may be allowed. It is further contended by him that Tribunal has committed an error in not accepting the earning of claimant Rs. 5,000 per month, therefore, compensation ought to have been awarded and calculated as per earning pleaded and the statement of co-worker deposed in the Court, In such circumstances compensation granted by the Tribunal is inadequate and is liable to be enhanced.