The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the impact on the claimant's life, necessitating an enhancement of the initial award.

JUDGMENT :

Duppala Venkata Ramana, J.

This appeal has been preferred against the judgment and award dated 28.01.2016 passed by the Additional Member, Motor Accident Claims Tribunal (hereinafter referred to as “the MACT”), Katni in MACC No.152/2012 filed by the appellant -Amit Pathak @ Lucky for enhancement of the quantum of compensation.

2. For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short “MACT”).

3. Brief facts as culled out from the record are that on 25.05.2012 at about 05:30 pm, the appellant Amit @ Lucky alongwith his friend Sunil Barman (pillion rider) were proceeding to Kymore from Katni on their motor cycle bearing No.MP-21-MC-0107, when they were reached near Chaka village, the offending vehicle/truck bearing No.MP-17-HH-2088 coming from opposite direction(wrong side) in rash and negligent driven by its driver (respondent no.1) and dashed against the motor cycle, due to which, the appellant sustained severe injuries over head, both hands, leg and chest. He was taken to MGM Hospital, Katni for treatment. During his treatment, three fractures found over his head, five fractures in the tibia bone of right leg and right hand, blood clotting in ribs, he was operated and sustained permanent disablement. On the information received by Police Kuthla, ASI recorded the statement of injured/claimant and registered a case in Crime No.219/2012 against the non-applicant No.1 for offence under Sections 279, 337 and 338 of IPC. After investigation of this case, the charge-sheet was submitted before the Court of ACJM, Katni against accused/driver (respondent no.1), for the offence punishable under Sections 279, 337 and 338 of IPC.

4. The claimant/appellant filed a claim petitioner seeking compensation of Rs.27,30,000/-before the Claims Tribunal on account of injuries sustained by him in a road traffic accident as he was a owner of the truck and running tea shop and used to earn of Rs.10,000/-per month and used to maintain family with the said earning.

5. The respondents no.1 and 2/non-applicants filed written statement jointly denied the allegation made in the application and contended that the offending vehicle in question was insured with non-applicant no.3 under Policy No.152702/31/2012/3004, but the same policy was cancelled due to dishonor of cheque, after coming to know about the dishonour of the cheque for the premium, the non-applicant no.2 paid the premium amount in cash, the policy No.152702/31/2012/3249 was renewed for a period from 18.10.2011 to 17.10.2012. Further contended that the offending vehicle was driven by its driver/respondent no.1 having a valid driving license, respondent no.3 was the insurer of the offending vehicle. Therefore, the entire risk and liability is on the Insurance Company/respondent no.3 and claim against respondent no.1 and 2 is liable to be dismissed.

6. The respondent no.3/non-applicant i.e. Oriental Insurance Co. Ltd. filed written statement and contended that allegation made in the application are false. Further contended that the cheque issued for the premium was dishonoured on 07.10.2011 and the policy was cancelled and the offending vehicle was not insured. Apart from that, the registration, permit and fitness certificate of the offending vehicle/truck in question were not filed. The driver/non-applicant no.1 of the vehicle was not having a valid license. Further contended that the appellant has not filed any documents regarding permanent disability and treatment, therefore, prays to dismiss the petition.

7. In view of the pleadings of the parties, the learned Tribunal framed the following issues dated 29.10.2013 :-

“(i) Whether on 25.05.2012 at about 05:30 pm, the applicant was going from Katni to Kymore by motor cycle bearing registration No.MP-21-MC-0107 and when he reached near Marghatai in village Chaka, then the vehicle Truck bearing registration No.MP-17-HH-2800 which owned by non-applicant no.2, driven by non-applic