JUDGMENT
Bhawani Singh, C.J.
1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Khandwa, in Claim Case No. 134 of 1992, dated 1.5.1993.
2. The claimant sought compensation of Rs. 3,60,000 for permanent disability he suffered in the motor accident that took place on 2.2.1987. The truck No. DEG 1655 owned by Kawaljeet Kaur, driven by Dalbir Singh Bhawanlal and insured with National Insurance Co. Ltd., turned turtle when the driver hit it against the rock. As a result of this accident, claimant suffered serious leg injury. He was pulled from the accident site by the people who gathered there, was shifted to hospital at Burhanpur and thereafter to Delhi. His left leg was amputated. The accident took place due to rash and negligent driving of the truck by the driver. The claimant, at the time of accident, was sitting in the cabin.
3. The owner and driver of the truck did not appear to contest the claim and, therefore, proceeded ex parte, while the insurance company denied the claim.
4. However, the Claims Tribunal held that the accident took place as alleged. The claimant suffered injuries and his left leg has been amputated. Compensation of Rs. 90,000 has been awarded for disability, Rs. 20,000 for medical expenses and Rs. 4,000 towards transport charges from Burhanpur to Delhi, total Rs. 1,20,000. The claimant is not satisfied with this award, therefore, it has been challenged through this appeal.
5. The only question for determination in this case is whether just compensation has been awarded to the claimant. The claimant submits that in this accident, he suffered injuries. His left leg has been amputated making him permanently disabled for rest of his life. He cannot work as driver nor can do any other work. He moves with the help of crutches. He was earning Rs. 1,500 per month and eight members of his family are dependent on him. After this accident, he is facing acute financial difficulties and the family is at the verge of starvation. Therefore, compensation deserves to be enhanced.
6. Claims Tribunal committed wrong when it applied principles for determination of compensation in the Workmen’s Compensation Act, 1923, which are not applicable in assessing the compensation under the Motor Vehicles Act, 1988. The owner and driver did not contest the claim and insurance company did not produce any evidence justifying the compensation lower than claimed. Therefore, giving consideration to the facts of this case, we are of the opinion that the claimant has not been awarded just compensation, therefore, enhancement is called for.
7. Accordingly, the appeal is allowed and the award is modified. The claimant is awarded the following compensation:
(1) Permanent disability Rs. 1,00,000
(2) Pain and suffering Rs. 60,000
(3) Medical expenses
including artificial
limb, wheelchair
and future
treatment expenses Rs. 60,000
(4) Transport Rs. 10,000
(5) Special diet and
attendant
Rs. 20,000
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Total Rs. 2,50,000
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The owner and driver are jointly and severally liable for compensation payable by National Insurance Co. Ltd., with which the vehicle was insured. The enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment.