S.B.CIVIL MISC. APPEAL NO.1538/2001 ( Sanjeev Choudhary Vs. The State of Rajasthan) DATE OF ORDER ::: 11th February, 2010 PRESENT HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sandeep Mathur, for the petitioners. Mr. Keshav Agarwal for respondent No.1. Mr. Deepak Soni on behalf of Mr. Praveen Balwada for the Insurance Co. BY THE COURT: Challenge in this appeal is to the judgment and award dated 9th August, 2001 rendered by Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Tribunal in claim petition No.1779/92, decreed an amount of Rs.65,000/- in favour of the claimant- appellant and against the respondents. Contextual facts depict that an unfortunate accident occurred on 8th July, 1992 at about 10.00PM near Govindgarh, District Jaipur. It is alleged that when Sandeep Chabara and Sanjeev Choudhary were going on motorcycle, one Jeep bearing registration No.RPI 4391 being driven by its driver rashly and negligently, dashed against the motorcycle, resulting into the death of Sanjeev Chabara and grievous injuries to the injured-appellant Sanjeev Choudhary. Heard learned counsel for the appellant as also the learned counsel for the respondents and carefully perused the relevant material on record including the impugned award. Learned counsel for the appellant has concentrated his arguments only on the quantum of compensation. He canvassed that in this unfortunate accident Sandeep Chabada succumbed to injuries but the Sanjeev Choudhary sustained three injuries in all, out of which injury No.1 on right thigh upper 2/3rd knee joint was found to be grievous and rest of the two injuries on dorsum of right wrist joint and left parietal region of scalp were simple in nature. Learned counsel further contended that the appellant Sanjeev Choudhary sustained fracture of tibia and fibula with restriction of ankle and knee and suffered 20.72% permanent disability in right lower limb, resulting into shortening of leg by ¾ inch. Learned counsel took me through the medical board certificate Ex.44 and canvassed that the appellant remained hospitalised and incurred huge expenses on his treatment. He also suffered physical pain and trauma on account of the injuries but the learned tribunal, without considering all these aspects, decreed a lump-sum amount of Rs.65,000/- in his favour, which is abysmally low in the fact and circumstances of the case. Learned counsel submits that in view of these circumstances an additional compensation may be awarded as the appellant-injured was a young boy of 24 years of age at the time of accident and his right leg has been shortened by ¾ inch. He has cited the case of Swatantra Kumar Vs. Qamar Ali and ors., reported in 1998 ACJ 920 in support thereof, wherein the Hon'ble Apex Court awarded an additional amount of Rs.1,00,000/- to the claimant who suffered 1.75 inches shortening of his leg. Learned counsel for the respondents have defended the impugned award and stated to be the same just and proper and prayed that the same did not call for any intervention. Having reflected over the submissions made at the bar and carefully perused the relevant material on record, it is noticed that the injured claimant sustained fracture of tibia and fibula bone with a restriction of ankle and knee and suffered 20.72% permanent disability in right lower limb. There was also shortening of leg by ¾ inch. Medical Board, issuing certificate Ex.44, was also of the view that the injured will have difficulty in squatting and sitting cross legged and will have to use shoe. Apart this grievous injury, he sustained two simple injuries also. Evidently, he must have spent quite a good amount on his treatment as there are so many expenses of which no record is maintained by a injured or his attendants. In the case of Swatantra Kumar (supra), the driver of the Jeep dashed against the motor cycle and the driver of the motor cycle and pillion rider both sustained grievous injuries. One injured suffered shortening of his leg by three inches and another injured Swatantra Kumar suffered shortening of his leg by 1.75 inches. The Hon'ble Apex Court observed that “it appears to us that he has suffered prolonged period of medical treatment and hospitalization in different hospitals and looking to the future economic loss, he would suffer because of permanent partial disability, which would affect his future photographic business, interest of justice will be served if an additional amount of one lac rupee is granted to the appellant by way of compensation, both, on the heads of pain, shock and suffering as well as for future economic loss keeping in view the decision of this Court awarding an additional amount of four lac rupees to the motor cycle driver Shashendra Lahiri.” In the instant case, the claimant- appellant suffered 20.72% permanent disability, his right leg got shortened by ¾ inch. It goes without saying that he must have spent a huge amount on transportation in going to the hospital and coming back from there, getting admission in hospital, making payment over there, boarding, lodging and medical treatment etc. It seems that the fact of shortening of his right leg by ¾ inch was lost site and it appears to be the reason that the learned tribunal has not awarded a reasonable amount of compensation. In the light of judgment rendered by the Hon'ble Apex Court in the case of Swatantra Kumar (Supra) it seems to be just and proper to enhance the amount of compensation from Rs.65,000/- to Rs.1,00,000/-. For the reasons stated above, the appeal is partly allowed. The amount of compensation is enhanced from Rs.65,000/- to Rs.1,00,000/-. Rest of the terms and conditions under the award shall remain unchanged. The appellant-claimant shall be entitled to get interest @ 6% per annum on the enhanced amount of compensation from the date of filing the claim petition till the same is actually realized. The impugned award stands modified, as indicated here-in-above. There shall be no order as to costs. (MAHESH BHAGWATI)J. pcg