Sanjay Batham vs Munnalal Parihar & Ors

2. Feeling dissatisfied with the enhancement granted by the Madhya Pradesh High Court in the amount of compensation awarded to him by 8th Motor Accident Claims Tribunal, Gwalior (for short, `the Tribunal'), the appellant has filed this appeal.

3. The appellant, who sustained grievous injuries on the head, right shoulder, back bone and other parts of the body in an accident which occurred on 9.5.1996, filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, `the Act') for award of compensation of Rs. 4,20,000/- with interest. The claim of the appellant was founded on the following assertions:

(i) That the accident occurred when the scooter on which he was travelling along with his friend Sunil was hit by truck No. MKH-7787 near Sikaria Workshop at AB Road, Gwalior.

fracture on his head, broken piece of the bone was removed and 22 stitches were given on his head.

(iv) That due to injury on the head, left part of his body was paralyzed and he was not able to do the work which he was doing prior to accident.

The Tribunal also awarded interest at the rate of 9% per annum from the date of filing the claim petition till realisation.

13. In the light of the above, we shall now consider whether the compensation awarded by the High Court is just and reasonable or the appellant is entitled to higher compensation.

In view of the above noted judgment, we hold that multiplier of 18 deserves to be applied for the purpose of determining the compensation payable to the appellant in lieu of the loss of earning. Thus, under this head the appellant will be entitled to a sum of Rs.1,62,000/- .

15. Although, the appellant had suffered temporary disablement, the evidence of the doctor shows that he will require treatment in future. The Tribunal and the High Court have not awarded any compensation for future treatment, which would necessarily include doctor's fee, cost of medicine, transportation, diet, etc. Keeping in view the high cost of living, we feel that ends of justice will be served by awarding a lump sum amount of Rs. 2 lacs for future treatment. 14

16. The award made by the High Court for pain, suffering and trauma and in lieu of loss of the prospects of marriage is wholly inadequate. The appellant, who suffered paralysis on left part of the body will neither be able to work as a labourer nor he will be able to lead a normal life. His marriage prospects are also bleak. A normal girl will, in all probability, not like to marry a disabled person. Therefore, it is apposite to award reasonable and just compensation to the appellant for pain, suffering and trauma caused due to the accident and loss of amenities and enjoyment of life which, in our view, should be Rs.2 lacs.

18. In the result, the appeal is allowed. The impugned judgment is modified and it is declared that the appellant shall be entitled to total compensation of Rs.5,62,000/-. He shall also be entitled to interest @ 9% per annum from the date of filing the claim petition till realization. Respondent No.3 is directed to pay the enhanced amount of compensation to the appellant with interest @ 9% within a 15 period of three months from today in the form of a Demand Draft prepared in his name.