IMPORTANT POINT
There is no bar on the competent court to enhance the amount of compensation.

JUDGMENT

G. S. Singhvi, J.

1. Leave granted.

2. Feeling dissatisfied with the enhancement granted by the Madhya Pradesh High Court in the amount of compensation awarded to him by 8th Motor Accident Claims Tribunal, Gwalior (for short, ‘the Tribunal’), the appellant has filed this appeal.

3. The appellant, who sustained grievous injuries on the head, right shoulder, back bone and other parts of the body in an accident which occurred on 9.5.1996, filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) for award of compensation of Rs. 4,20,000/- with interest. The claim of the appellant was founded on the following assertions:

(i) That the accident occurred when the scooter on which he was travelling along with his friend Sunil was hit by truck No. MKH-7787 near Sikaria Workshop at AB Road, Gwalior.

(ii) That the accident was caused due to rash and negligent driving of the truck by respondent No. 1-Munnalal Parihar.

(iii) That he was rushed to Madhav Dispensary from where he was shifted to J.A.H. Hospital. He was operated for fracture on his head, broken piece of the bone was removed and 22 stitches were given on his head.

(iv) That due to injury on the head, left part of his body was paralyzed and he was not able to do the work which he was doing prior to accident.

(v) That the prospects of his marriage had been considerably reduced and he will not be able to lead normal life.

4. The owner and the driver of the truck did not contest the claim petition. In the reply filed on behalf of respondent No. 3-the National Insurance Co. Ltd., all possible objections were raised and it was pleaded that the accident was not caused due to rash and negligent driving of the truck and, in any case, the insurer was not liable to pay compensation because the driver of the truck did not have a valid driving licence.

5. After considering the pleadings and evidence of the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the truck by respondent No. 1. The Tribunal then considered the evidence of Dr. N. D. Vayas, Head of Neurosurgery Department of J.A.H. Hospital and the disability certificate Ex. P-20, which revealed that the appellant had suffered 45% temporary disability in his left hand and proceeded to award compensation under the following heads:

1. Loss of earning Rs. 5,000/-

2. Medical expenses Rs.10,000/-

3. Pain and suffering Rs.5,000/-

4 Special diet Rs.5,000/-

The Tribunal also awarded interest at the rate of 9% per annum from the date of filing the claim petition till realisation.

6. On an appeal filed by the appellant, the learned Single Judge of the High Court re-appreciated the evidence produced by the parties and determined the amount of compensation by taking the appellant’s income to be Rs. 1500/- per month. He assessed the disability of appellant to be 50% and held that loss of earning would be Rs. 750/- per month. The learned Single Judge applied the multiplier of 16 and concluded that the appellant was entitled to a sum of Rs. 1,44,000/- in lieu of the loss of earning. The learned Single Judge also awarded Rs. 50,000/- for treatment and Rs. 56,000/- for pain and suffering and loss of marriage prospects. However, the rate of interest was reduced from 9% to 7% per annum.

7. We have heard learned counsel for the parties and carefully perused the record. In last two decades, this Court has decided large number of cases involving claim of compensation by the victims of accidents and/or their families. It will be useful to notice some of the judgments in which general principles have been laid down for the guidance of the Tribunals and the Courts.

8. In R. D. Hattangadi v. Pest Control (India) Private Limited1 (1995) 1 SCC 551, this Court while dealing with a case involving claim of compensation under the Motor Vehicles Act, 1939, referred to the judgment of the Court of Appeal in Ward v. James2 (1965) 1 All ER 563, Halsbury’s Laws of England, 4th Edition, Volu