A person who is injured in a motor vehicle accident is entitled to compensation for their injuries.

Headnote:
Fact of the Case:

The appellant was walking when he was hit by a vehicle driven by the respondent. The appellant sustained injuries and filed a claim for compensation under the Motor Vehicle Act, 1988.
Finding of the Court:

The court found that the appellant had sustained a 15% permanent disability and awarded him compensation accordingly.
Issues: Whether the appellant was entitled to compensation for his injuries.
Ratio Decidendi: The court held that the appellant was entitled to compensation for his injuries and enhanced the amount of compensation awarded by the lower court.
Final Decision: The court allowed the appeal and enhanced the amount of compensation awarded to the appellant.

JUDGEMENT

Heard on IA No.18177/2023 the applications u/S 5 of Limitaion Act for condonation of delay of 307 days which is supported by the affidavit of the appellant himself.

2. After due consideration, aforesaid I.A. is allowed, delay is filing this appeal is hereby condoned.

3. This miscellaneous appeal filed by the appellant under Section 173 (1) of the Motor Vehicle Act, 1988 being aggrieved of award dated 23/9/2022 passed by learned Additional Motor Accident Claims Tribunal, Budni, Distt. Sehore in MACC No.05/2020. 4. The facts necessary for disposal of the present appeal in brief are that on 28/9/2019 the appellant was going to Salkanpur Devi Temple from Raisen by walking, when he reached under the Budni over bridge at that time, the respondent no.1 dashed the appellant from back side as a result, the appellant sustained injuries on different parts of his body. The offending vehicle was being driven in a rash and negligent manner. Information given to the police. After completion of investigation, the police filed charge sheet before the learned trial Court.

5. It is submitted by learned counsel for the appellant that the learned tribunal has assumed 15 % disability to the claimant while PD certificate shows that permanent disability of claimant was 33 % and no appropriate amount has been awarded with regard to the permanent disability instead a lump sum amount of Rs.2 Lakh has been awarded. It is also submitted that on the head of special diet and transportation charges amount is awarded on lower side and on the head of attender's expenses there is no amount has been awarded in favour of the claimant. Therefore, requested to enhance the amount of award. 6. Per contra, learned counsel for the insurance company submitted that an appropriate award has already been passed by the learned tribunal in favour of the appellant.

7. Having heard the learned counsel for the parties and on careful perusal of the record, it is found that as per the finding of the learned tribunal that 15% permanent disability has been caused to the claimant and applying multiplier of 16 as per the age of the claimant 34 years and to apply 15% permanent disability assuming the income of the deceased as Rs.7700/- p.m. (minimum wage of the unskilled labour) it comes to Rs,3,10,464/- adding thereto the amount of Rs.10,000/- on the head of attender's charges and enhanced amount on the head of special diet and transportation charges as Rs.5000/- per head, the total enhancement comes to Rs.1,30,464/- in favour of the claimant/appellant. The calculation is not disputed by the learned counsel for the parties.

8. Therefore, the facts and circumstances of the case and having regard to the evidence on record the amount of Rs.1,30,464/- is hereby enhanced in favour of the claimant/appellant in addition to the amount already awarded in favour of him. Other terms and conditions of the award shall remain intact. 9. In the above terms, the appeal is allowed and disposed of. Record be sent back.

(RAJENDRA KUMAR VANI) JUDGE m/-

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