CMA-415/95-Govinda alias Gafoor Babudia Vs. Oriental Insurance company Ltd. Udaipur & Ors. Judgment dt.4.8.09 1/3 S.B. CIVIL MISC. APPEAL NO.415/1995 Govinda alias Gafoor Babudia Vs. The Oriental Insurance company Ltd. Udaipur & Ors. Date of order : 4th August, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. G.R. Bhari for Mr. Sanjay Mathur for the appellant. None present for the respondents. ------- 1. This appeal has been filed by the claimant Govinda alias Gafoor Babudia for enhancement of the compensation awarded by the MACT, Udaipur vide award dated 26.6.1995 while deciding claim case No.152/1992. 2. The claimant has stated that on 24.10.1991 when he was travelling in the bus No.RNB 6168 as soon as he got down at the bus stand, the driver of the said bus suddenly started the said bus and rear tyre of the said bus crushed the thigh of the leg of the claimant and there were other fractures also and thus, for the injuries suffered by the claimant on account of said accident caused by the bus, the claimant filed claim petition for Rs.6,13,000/- in the Tribunal. 3. The claimant is stated to be around 20 years of age when CMA-415/95-Govinda alias Gafoor Babudia Vs. Oriental Insurance company Ltd. Udaipur & Ors. Judgment dt.4.8.09 2/3 his statements were recorded by the Tribunal after 3 years of the said accident and he was working as an agriculturist having his own land of about 10 bighas and was earning Rs.700/- to Rs.800/- per month at that time. 4. Learned counsel for the appellant submits that in view of the medical evidence that there was 20% permanent disability, the Tribunal was not justified in awarding the compensation of only Rs.36,000/- out of which Rs.14,000/- was only regarding the medical expenditure and incidental travelling at that time. For the loss of income, the Tribunal has awarded only Rs.15,000/- and for mental harassment, the Tribunal has awarded Rs.5,000/-. He prays for suitable enhancement in the said compensation. 5. No one appears for the respondents Insurance Company and owner of the offending vehicle despite service. 6. Having heard learned counsel and upon perusal of the record of the case, this Court is of the opinion that the compensation awarded by the learned Tribunal is slightly on lower side. CMA-415/95-Govinda alias Gafoor Babudia Vs. Oriental Insurance company Ltd. Udaipur & Ors. Judgment dt.4.8.09 3/3 7. In view of 20% physical disability found by the Medical Board vide Exhibit 6, some more compensation deserves to be granted to the claimant though he was a poor agriculturist earning only Rs.700/- to Rs.800/- per month way back in the year 1991 and he had his own land of about 10 bighas. 8. Considering the submissions made at the Bar and the record of the case, a lump sum enhancement of Rs.10,000/- is awarded to the said claimant. It is made clear that the said enhancement would, however, be payable without any interest from the date of filing of the claim petition. The said additional enhancement of the compensation may be paid by the respondent Insurance Company within a period of 3 months from today. 9. In view of the above, the appeal is accordingly allowed. No costs. of. A copy of this judgment be sent to opposite parties. [ DR. VINEET KOTHARI ], J. item No.9 babulal/