Bhanwer Lal vs Gujarat State Road Transport Cor. … on 6 August, 2009

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             S.B.CIVIL MISC. APPEAL NO.402/1997
          (Bhanwar Lal vs. G.S.R.T.C. Ahmedabad & Ors.)
                  DATE OF ORDER : 6/8/2009

            HON'BLE DR.JUSTICE VINEET KOTHARI


Mr.Lalit Vyas, for the appellant.




      By this appeal, the claimant appellant has prayed for

enhancement of compensation for the loss on account of injuries

caused to him     in an accident which took place on 3/6/1989 on

account of collision between Bus No.GQI 8936 and truck no.DEL

2990. In the said accident the injured appellant suffered fracture in

both his legs and according to learned counsel for the appellant he

had to remain hospitalised for 19 days at Ahmedabad and spent

Rs.31660/- on account of medical expenses and treatment.



      Learned Tribunal has found that at the time of accident the age

of injured was 55 years and he was working as tailor         and the

Tribunal treating the period of treatment as six months had allowed

compensation under different heads including the complete medical

expenses awarded total compensation of Rs.90,000/- including

consolidated interest of Rs.13,000/-. The findings on issue no.2 at
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page 3-4 of the award have been perused by this Court.



      Learned counsel for the appellant claimant submits that injured

has suffered 20% disability, therefore, the compensation awarded by

the learned Tribunal is on the lower side and same deserves to be

enhanced. He also submits that instead of consolidated interest,

interest @ 12% ought to have been awarded by the learned Tribunal.



      Having heard learned counsel and upon perusal of the

impugned award, this Court is satisfied that the learned Tribunal has

already awarded, rather liberally, sufficient compensation for the

injuries in question   while allowing complete medical expenses

incurred by the claimant Rs.31,660/- rounded off to Rs.32,000/-.

Learned Tribunal has also allowed Rs.2000/- for incidental travelling

and Rs.30,000/- for the loss of income on account of said disability,

which ofcourse was temporary, and further sum of Rs.10,000/-

towards mental harassment and agony. Learned Tribunal has also

awarded consolidated interest of Rs.13,000/- on account of delay in

proceedings caused due to non-production of evidence by the non-

applicant and thus, total compensation of Rs.90,000/- has been

awarded by the learned Tribunal.
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      This Court finds no ground to hold that the interest could be

allowed only at a particular rate and not in the form of consolidated

interest and ultimately it is just and fair compensation which could be

awarded by the learned Tribunal in such cases.



      Looking to the nature of injuries, medical treatment and the

period of disability, this Court is satisfied that the learned Tribunal

has awarded sufficient compensation by the impugned award and it

does not require further enhancement.



      This appeal for enhancement is, therefore, found to be devoid

of merit and same is accordingly dismissed. Copy of this order be sent

to opposite side.



                                         (DR.VINEET KOTHARI), J.

item no.8
baweja/-