IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Pritinker Diwaker, J.
Ku. Khushboo Baid
Vs.
Shankar Lal Athwani
M.A. No. 24 of 2002
Decided On: 05.05.2014
Motor Vehicles Act, 1988 - Motor Accident Claims - Claiming compensation- Appeal arises out of award passed by the II Additional Motor Accident Claims Tribunal, in claim whereby in an injury case compensation has been awarded in favour of injured-claimant - When appellant/claimant, who was a student of Class-7th, was going to her school by riding bicycle, she was dashed by a truck resulting in number of grievous injuries to her - She was immediately taken to District Hospital, from where she was taken to a private hospital ,and considering her serious condition she was referred to Hospital, where she remained hospitalized for more than 1 month and was operated several times - A claim case was filed by injured-claimant through her natural guardian father claiming compensation inter alia, pleading that apart from expenditure incurred on her treatment, she has also suffered 50% permanent disability; on account of injuries suffered by her in her stomach and pelvic region, it may be difficult for her to conceive and deliver a child and therefore, she is entitled for suitable compensation - Respondents by filing a common written statement denied their liability on general grounds – Held, In view of what has been discussed above, injured claimant is held entitled for compensation and since Tribunal has already awarded sum after deducting same the claimant is entitled for enhancement with interest @ 6% per annum from the date of filing of claim petition till realization - Insurance company is directed to deposit the entire amount of compensation with Tribunal within two months from today - Real implementation of this progressive social welfare legislation for social security is to ensure that actual benefits of award goes to injured claimant only and same is not frittered away by middlemen and other unscrupulous persons intervening sometimes between victims of accidents or their legal representatives and payment machinery - Thus, keeping in view all these things, this Court deems it fit and orders that out of enhanced amount of compensation along with interest accrued thereon, appellant/claimant shall be given only 25% of same by account payee cheque and remaining 75% amount shall be kept in fixed deposit in any nationalized bank of the choice of appellant/claimant in her name for a period of five years - Monthly interest accruing on amount so deposited shall be credited in saving account of appellant/claimant including development of her asset, then she is at liberty to file application before Tribunal for release of deposited amount, who, in turn, after considering same shall pass appropriate order in this regard - In result, appeal is allowed.
Pritinker Diwaker, J.
1. This appeal arises out of the award dated 5.10.2001 passed by the II Additional Motor Accident Claims Tribunal, Raipur (hereinafter referred to as "the Tribunal") in claim case No. 42/01 whereby in an injury case compensation of Rs. 2.25 lacs has been awarded in favour of the injured-claimant. Facts of the case, in brief, are that on 7.7.2000 when appellant/claimant, who was a student of Class-7th, was going to her school by riding bicycle, she was dashed by a truck bearing registration No. MBS 1365 (hereinafter referred to as "offending vehicle") resulting in number of grievous injuries to her. She was immediately taken to District Hospital, Raipur, from where she was taken to a private hospital - MMI Hospital, Raipur and considering her serious condition she was referred to Lilavati Hospital, Mumbai-where she remained hospitalized for more than 1 month and was operated several times.
2. A claim case was filed by the injured-claimant through her natural guardian father Shri Mangal Chand Baid claiming compensation of Rs. 10.35 lacs, inter alia, pleading that apart from the expenditure incurred on her treatment, she has also suffered 50% permanent disability; on account of injuries suffered by her in her stomach and pelvic region, it may be difficult for her to conceive and deliver a child and therefore, she is entitled for suitable compensation.
3. The respondents by filing a common written statement denied their liability on general grounds. They have also pleaded that the accident occurred due to negligent riding of the bicycle by the claimant and according to them, the claim as put forth by the claimant is exorbitant one.
4. By the impugned award the Tribunal has awarded a total compensation of Rs. 2.25 lacs in favour of the claimant with interest @ 9% p.a. from the date of claim petition on the following heads:
1 For Medical expense Rs. 1,61,292/-
2 For Physical and Mental Pain (due to 50% permanent disability) Rs. 50,000/-
3 Misc. Expense i.e. attendant and others Rs. 13,000/-
Total : Rs. 2,24,292/-
Rounded off to Rs. 2.25 Lacs
5. Learned counsel for the appellant/claimant submits that the Tribunal has not properly considered the physical condition of the claimant and has awarded compensation on the lower side. He submits that under the conventional head like pain and suffering, separate compensation should have been awarded and it can not be clubbed with the amount awardable towards permanent disability. The Tribunal has also not awarded any compensation for nutritional diet, loss of amenities and loss of expectation of life.
6. On the other hand, supporting the impugned award it has been argued by counsel for the respondents that the Tribunal has already awarded interest @ 9% which is very much on the higher side and therefore, even assuming that under some of the conventional heads the amount awarded is on the lower side, the higher rate of interest @ 9% p.a. compensates the same.
7. Heard learned counsel for the parties and perused the material available on record.
8. The claimant has examined as many as four witnesses to prove her case. AW-1 Mangal Chand Baid, father of the claimant, in his evidence has first described the manner in which her daughter/claimant suffered injuries and then has further stated that she was taken to various hospitals including Lilavati Hospital, Mumbai. He has stated that she was hospitalized at MMI Hospital, Raipur for 15 days and thereafter, at Mumbai she was first taken to Jaslok Hospital and then to Lilavati Hospital where she was treated for about 45 days. He has further stated that as the claimant had suffered injuries near her private part, the doctor had informed him that she is going to face much problem in her marriage as also in delivery.
9. The claimant was examined as AW-4. She has stated as to how she suffered injuries. She has further stated that she goes to school by rickshaw and it is the rickshaw puller who after taking her down from rickshaw drops
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