Madhya Pradesh High Court
Vijay Kumar Arya vs Ashok Rathore And Ors. on 30 January, 2003
Equivalent citations: 2005ACJ327
JUDGMENT Bhawani Singh, C.J.
1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Betul in Claim Case No. 23 of 1992 dated 8.7.1994.
2. Briefly, claimant Vijay Kumar Arya (35) was going on his motor cycle No. 05- 6599 with his sister to Karonji Deel on 3.1.1992. Matador bearing the registration No. MOC 8819 driven by Ashok Rathore, owned by Dilip Kumar and insured with Oriental Insurance Co. Ltd. hit the claimant as a result of which both the occupants of motor cycle fell down. Claimant sustained serious head injury. He was first taken to Chicholi, then to Padhar and finally to Nagpur for treatment. For repair of motor cycle, he spent Rs. 5,000. Compensation of Rs. 1,42,500 has been claimed. The respondents have filed their statements in this case. Allegations have been denied and it is stated that the accident took place due to negligence of the claimant who was driving motor cycle on the wrong side and hit Matador. He did not possess a driving licence and was drunk at the time of the accident. Therefore, there is violation of conditions of the insurance policy. Consequently, the claimant is not entitled to get compensation.
3. The Claims Tribunal holds that the accident took place as alleged. Claimant suffered injuries in this case. Matador was being driven rashly and negligently; as such the motor cycle was hit resulting in grievous injuries to the claimant. Claims that a sum of Rs. 5,000 was spent on repair of motor cycle and the claimant suffered permanent disability, therefore, entitled to get compensation of Rs. 1,00,000, have not been proved. Total compensation of Rs. 12,558 has been awarded with interest at the rate of 12 per cent per annum.
4. Through this appeal, the award of the Claims Tribunal has been challenged. The counsel for parties heard and record perused. With a view to understand the seriousness of injuries, it is desirable to record the evidence:
Patient discharge certificate of Padhar Hospital, Exh. P-9, reveals that there was lacerated wound over centre of scalp 1 cm. x 1 cm. with haematoma. There was lacerated wound in left thigh medially 1 cm. x 1 cm., bruises over the right, the patient slightly drowsy, irritable, moving all limbs, pupil-NSRL, both sides, X-ray showed crack fracture extending tempo-parietal region horizontally. Thereafter, there is certificate of head injury by Dr. Shyam Babhulkar, Neurological Surgeon, Central Neuro Hospital, Nagpur, Exh. P-24. It records that memory orientation, recognition and reasoning were impaired. In his statement, doctor states that claimant suffered sufficient impairment as a result of head injury. The claimant also states that there are after-effects of injury since he suffers head ache quite often. The claimant also states that after the accident, he remained unconscious for some time. This fact is corroborated from patient discharge certificate, Exh. P-9, maintained by the Padhar Hospital stating patient unconscious for about 30 minutes, vomiting on the spot, wounds over left thigh and scalp. From the narration of injuries and medical opinion, it is demonstrated that it is not a case of simple external head injury. It is an internal injury of serious nature affecting the claimant considerably after the accident and may create problems for him later in life. The claimant had remained in various hospitals as stated hereinbefore. He must have undergone pain and suffering, must have spent on treatment, attendant, special diet, transport and on miscellaneous items of expenditure associated with the treatment at various places. Therefore, in the totality of circumstances, the award of Rs. 12,558 is absolutely inadequate.
5. The claimant has claimed compensation of Rs. 1,42,550. In our opinion, in the circumstances narrated above, the claimant's claim is on the lower side. Therefore, we award compensation of Rs. 1,50,000 (rupees one lakh fifty thousand) payable with interest at the rate of nine per cent on the enhanced amount of compensation from the date of application till payment. Joint and several liabilities of owner and driver of the vehicle, payable by Oriental Insurance Co. Ltd., Betul with which the vehicle was insured.
6. Costs on parties.