Judgement

Per P. Diwaker, J

21/07/2017

1. Heard on I.A. No.1/17, application for permission to exhibit the photographs and disability certificate issued by the Medical Board.

2. For the reasons assigned in the application, it is allowed. Disability Certificate issued by the Medical Board is taken on record.

3. This appeal filed by the claimant/appellant arises out of the award dated 15.6.2009 passed by the 3^rd Additional Motor Accident Claims Tribunal, Raigarh (henceforth 'the Claims Tribunal') in Claim Case No.44/07 whereby in an injury case compensation of Rs.4,89,780/- has been awarded to the claimant/appellant herein.

4. Facts of the case, in brief are that on 6.7.2005 in the morning the claimant/appellant was going to Panchgaon (Odisha) from Kabir Chowk, Raigarh and when he reached near Netanagar-Bhatenpali, the offending vehicle Truck bearing registration No.HR29-P-4937, being driven by respondent No.1 herein in a rash and negligent manner, came from the opposite direction and gave dash to the motorcycle of the claimant as a result of which his right leg was crushed. Report of the said accident was lodged with the concerned police station with brief narration as to how accident had taken place. A claim case was filed by the claimant/appellant claiming compensation to the tune of Rs.59,40,000/- under various heads, inter alia, pleading that after the accident, he was taken to K.G.H. Hospital, Raipur from where he was referred to Khemka Hospital, Raipur for better treatment. Looking to seriousness of injury, the claimant was referred to Bombay Hospital, Bombay where a rod has been inserted in his right leg after many surgeries. It has been further mentioned that due to the accident, the entire life of the claimant had been ruined as he had become permanently disabled. Therefore, the respondents are jointly and severally liable to pay the amount of compensation to the claimant/appellant herein.

5. Respondent No.3-Insurance Company contested the claim case and denied its liability on the ground that the driver of the offending vehicle was not having valid and effective driving license to drive the said vehicle and thus there was breach of insurance policy and therefore the insurance company is not liable to pay any compensation.

6. The Claims Tribunal by the impugned award has awarded a compensation of Rs.4,89,780/- to the appellant under various heads such as medical expenses, loss of income and pain & suffering. It is this award which has been challenged by the appellant in this appeal.

7. Counsel for the appellant submits that;-

• the Claims Tribunal erred in law in awarding very negligible compensation for the injuries sustained by the claimant.

• no amount has been granted under the head “future treatment', loss of income during treatment etc.. Even the sum awarded under the head 'pain & suffering' is also on the lower side.

• The treating doctor has categorically deposed that the claimant has suffered permanent disability to the extent of 50% and there is nothing on record to discard his testimony. Even as per disability certificate dated 15.3.2010 issued by the Medical Board, District Raigarh the claimant has suffered 40% physically disablement and his condition is not likely to improve. However, nothing has been awarded by the Claims Tribunal under the head of permanent disablement while awarding the compensation and therefore impugned award passed by the Tribunal, is liable to be modified awarding just and reasonable compensation.

• the rate of interest awarded at the rate of 7% per annum from the date of application till payment is also very low and it requires upward revision and enhancement.

8. On the other hand, it has been argued on behalf of the counsel for respondent No.3 that the compensation awarded by the Claims Tribunal is already on the higher side and as such, the same is not required to be enhanced at all.

9. Heard counsel for the parties and perused the material available on record.

10. As regards the award of compen