ASHWIN VERMA Vs. RAVIKANT

JUDGEMENT

(1.) This appeal is filed by the Appellant under Section 173 of the Motor Vehicles Act against an award dated 24.2.2007 passed by learned ond M.A.C.T., Mhow, in the Claim Case No. 42 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,69,000 with interest at the rate of 6 per cent per annum for the injuries sustained, arising out of the accident occurred on 3.7.2005.

(2.) The Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs. 70,50,000. He had received various injuries, i.e., fracture of right femur bone and left side of abdomen, flesh from the part right knee to right hip pubic bone was removed, both testis testicle got burst and removed from the body, urine-urinary tract punctured, vent got damaged against which during operations hollow area was created from front side of abdomen, eight major surgeries were also performed.

(3.) The Tribunal has awarded a total sum of Rs. 3,69,000. The Tribunal has considered the certificate of permanent disablement, Exh. P460 of Dr. Surendra Bapat, AW 7, whereby he has opined that it is a case of 100 per cent disability. The statements of Dr. Anoop Dubey, Dr. C.L. Gurjar, Dr. Surendra Bapat and Dr. Dinesh Mundra were recorded. As per statement of Dr. Bapat it is a case of 100 per cent disablement of colostomy. So far as right hip and leg is concerned it is of 90 per cent, perineal region it is of 20 per cent, loss of potency is 50 per cent. Thus, he has opined that it is case of 100 per cent disablement. Dr. Anoop Dubey, AW 9 and Dr. Dinesh Mundra, AW 8 have opined that it is a case of 100 per cent disablement. Dr. Anoop Dubey and Dr. Dinesh Mundra opined that it is a case of disablement to the extent of 85 per cent and 84 per cent. Dr. C.L. Gurjar is the doctor in whose hospital the injured was got admitted and various operations were performed. After consideration of these documents it is opined by the Tribunal that it may be a case of 30 per cent disablement of whole body and Rs. 40,000 has been allowed in the head of future loss of earnings due to the said permanent disablement assuming his earning as Rs. 2,000 per month and applying the multiplier of 17. Rs. 2,80,000 is awarded in the head of medical expenses, towards hospital bills Rs. 40,000, in the head of special diet Rs. 2,000, in the head of pain and suffering Rs. 5,000 and Rs. 2,000 in the head of conveyance has been awarded. However, the total sum of Rs. 3,69,000 has been awarded by the Tribunal.