High Court Madhya Pradesh High Court

General Manager, M.P.S.R.T.C. vs Shymabai And Anr. on 27 March, 2003

Madhya Pradesh High Court
General Manager, M.P.S.R.T.C. vs Shymabai And Anr. on 27 March, 2003
Equivalent citations: III (2003) ACC 367
Author: A Singh
Bench: A Singh


ORDER

Ajit Singh, J.

1. This appeal is directed against the award dated 14.5.1996 passed by Motor Accident Claims Tribunal, Bhopal, in Claim Case No. 294/1995 whereby Rs. 60,000/- has been awarded in favour of respondent No. 1.

2. Claimant, the respondent No. 1, is a vegetable vendor and at the time of accident she was earning about Rs. 1,000/- per month. On 30.9.1993 at about 8.30 a.m. while she was going towards Barkheda Market along with her hand-cart, a bus bearing registration No. CPW/7028 hit her from behind. The said bus was being driven rashly and negligently by its driver, respondent No. 2. The bus is owned by the appellant. Because of the accident, the left hand of the respondent No. 1 was badly crushed. She also sustained a fracture on her left hand. Consequently, she suffered enormous pain and incurred heavy expenses on her treatment, medicines, special diet, etc. etc. She, thus, claimed a compensation of Rs. 1,90,000/-.

3. The appellant contested the claim on the ground that no document has been filed to prove the accident and injuries sustained by the claimant and as such it is not liable to pay the compensation.

4. The Claims Tribunal rejected the defence of the appellant and awarded compensation of Rs. 60,000/- only with interest at the rate of 12 per cent per annum. Dissatisfied with the award, the appellant has filed this appeal.

5. Mr. P.K. Mishra, learned Counsel for the appellant, has strenuously argued that the compensation of Rs. 10,000/- awarded by the Claims Tribunal towards medicines and diet expenses is exorbitant particularly in the absence of medical bills and the same deserves to be reduced. He has not challenged the remaining part of the award of Rs. 50,000/-. On the other hand, Mrs. Shobha Menon, learned Counsel for the respondent No. 1, has asserted that the compensation awarded is just and proper.

6. I have perused the evidence and material on record of the case. It is clear that the claimant-respondent No. 1, suffered fracture on her left hand. Her left hind was totally crushed and she was subjected to surgery. The muscles from her thigh were transplanted on her left hand during the surgery. Dr. S.L. Patidar, who had treated the claimant-respondent No. 1, has deposed that she cannot lift a glass from her injured left hand. Permanent disability assessed by doctor is 50 per cent.

7. I have no doubt that the claimant-respondent No. 1, must has suffered great pain and must have spent considerable amount on her treatment. She must have spent heavily on medicines, with this kind of injury, she sustained in the accident.

8. In this background, I am of the considered opinion that the amount of Rs. 10,000/- awarded by the Claims Tribunal towards expenses for medicines and diet is just and proper. The rate of interest on Rs. 60,000/- will be the same which has been awarded by the Claims Tribunal. Cost on parties.

9. The appeal is dismissed.