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2003 Supreme(MP) 343
Deepak Verma and N.K. Jain, JJ.
Ramandeep Singh v. Mohd. Hasan
M.A. No. 1239 of 2002 (I); Decided on 5.3.2003.
V.S. Chouhan with M.S. Chouhan for appellant; H.C. Shukla for respondent No.3
Headnote:(1) Civil P.C., 1908 -- O. 5 R 1 -- defendant remaining absent in trial Court -- no service upon such person is necessary in appeal.
(2) Motor Vehicles Act, 1988 -- Ss. 168 and 171 -- injury case -multiple fractures -- eight teeth also lost -- victim aged 22 years -- just compensation is R. 2,50,000/- with interest @ 9% from date of petition.
¼1½ flfoy izfdz;k lafgrk] 1908 && vk- 5 fu- 1 && izfroknh fopkj.k U;k;ky; esa vuqifLFkr jgk && ,sls O;fDr ij vihy esa rkehy vko‘;d ugha gSA
¼2½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 168 rFkk 171 && {kfr dk ekeyk && vusd vfLFk&Hkax && vkB nk¡r && vkgr 22 o"khZ; && ;kfpdk ds fnukad ls 9 izfr‘kr C;kt lfgr #- 2]50]000@& dk izfrdj U;k;laxr gSA
Heard on I.A. 632/03, which is allowed and service of notice on respondent No.2, the driver of the offending vehicle and who was ex-parte before the Tribunal below, is dispensed with.
Heard on merits.
For the multiple fractures sustained by appellant Ramandeep Singh in a motor accident involving the motor vehicle driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No.3, the National Insurance Co. Ltd., the Tribunal below has awarded a meager sum of Rs. 95,000/- as compensation to the appellant-claimant, a young man aged 22 years.
There is evidence on record to show that as a result of the said accident the appellant sustained fractures in his left femur, mandible and cheek bones besides loosing his eight teeth. He had to undergo prolong treatment in T. Choithram Hospital, Indore and was operated upon thrice by various doctors. Treatment bills to the tune of about Rs. 1,50,000/- were produced though in instalments, before the Tribunal below. The Tribunal has awarded Rs. 30,000/- only towards treatment, Rs. 40,000/- towards the said disability, Rs. 15,000/- for pain and suffering, Rs. 5,000/- for special diet and Rs. 5,000/-. towards the repair of the scooter which was also damaged in the said accident.
Having gone through the evidence and having heard learned counsel for the parties, we are of the considered judgment that a sum of Rs. 2,50,000/- would not be the excess amount in the instant case.
Accordingly, we allow this appeal and enhance the amount of compensation to Rs. 2,50,000/- which shall be paid jointly and severally to the appellant-claimant by respondents. The difference amount shall also carry interest @ 9% per annum from the date of filing of the claim petition until payment. The respondents shall also bear appellant's cost of this appeal. Counsel fee Rs. 1,500/-, if certified.
