1987 Supreme(MP) 590

IN THE HIGH COURT OF MADHYA PRADESH
G.G. Sohani, R.K. Varma, JJ.
Madhiya - Petitioner
Vs.
Rameshchandra - Respondent
M.A. No. 89 of 1983 (I)
Decided On : 30-01-1987

Headnote:(1) Motor Vehicles Act, 1939 – S.110 – B – young aged 28 years becoming permanently disabled – earning Rs.3/ – per day – compensation increased from Rs. 13,500/ – to Rs. 30,000/ –

       (2) Motor Vehicles Act, 1939 – S.110 – CC – interest of claim amount – should be 12% per annum.

        Short Note

       Learned counsel for the claimant – appellant has urged that the claimant who is a labourer, has been permanently disabled on account of amputation of his leg and consequently he has become unfit for working as a labourer. The compensation amount of Rs. 13,500/ – as awarded by the learned Tribunal was quite inadequate in the circumstances. The claimant was only 28 years of age as found by the Tribunal and as such, he would live a long life as a disabled person. The claimant was earning his livelihood by making shoes which according to the finding of the learned Tribunal, gave him an earning of Rs. 3/ – per day in the village.

       2. The learned counsel for the respondents have urged that having regard to the wages of Rs. 3/ – per day, which the claimant according to the finding of the Tribunal, was earning, the compensation of Rs. 13,500/ – as awarded by the learned Tribunal was not inadequate. But this submission of the learned counsel loses sight of better opportunities and prospects of life which the claimant, who was only 28 years of age, was likely to get in life and it cannot be assumed that he would have been condemned to the meagre income of Rs.3/ – per day all through his life, particularly when he was a skilled artisan engaged in making of shoes which are among costly consumer items.

       3. Held: Having heard the learned counsel for the parties and having considered the evidence and the Award made by the learned Tribunal, we are of the opinion that the amount of compensation deserves to be enhanced appropriately. Having regard to the circumstances of the case, an amount of Rs. 30,000/ – , in our opinion, would be just and fair compensation which ought to be awarded to the claimant – appellant. Accordingly, the Award of the learned Tribunal is modified inasmuch as the claimant shall be entitled to compensation of Rs. 30,000/ – instead of Rs. 13,500/ – as awarded by the learned Tribunal. The claimant appellant shall also be paid interest from the date of claim petition until realisation at the rate of 12% per annum instead of 6% as awarded by the learned Tribunal. But interest shall be payable only on the amount which is not already deposited by the respondents. Appeal allowed.