JUDGMENT
Bhawani Singh, C.J.
1. Through this appeal, award passed by Motor Accidents Claims Tribunal, M.C.C. No. 12 of 1998, dated 29.8.2000, has been challenged.
2. On 9.11.1996 at about 11.30 p.m. claimant was going through Kohefiza on scooter. When he reached Kohefiza Police Post, Maruti car No. MP 04-D 0078 driven rashly and negligently came on the wrong side and hit the claimant. He suffered injuries to head, nose, left forearm, right foot and back. He fell unconscious and was shifted to Kohefiza Hospital. It was found that his forearm of left hand had fractured, operated, nail inserted and screwed. He got treatment at Indore also. Left hand forearm suffered permanent disability. Matter was reported to the police and driver was prosecuted and punished having confessed the crime.
3. Vehicle was insured with Oriental Insurance Co. Ltd., owned and driven by Anil Kumar Kalra. Claimant is Assistant Administrative Officer, New India Assurance Co. Ltd., Bhopal. He is sportsman of repute having won medals, trophies and certificates. By this accident his efficiency has been diminished. Compensation of Rs. 58,06,000 is claimed.
4. Respondents dispute these facts. It is stated that claimant was himself responsible for the accident, therefore, he is not entitled to compensation, claim deserves to be rejected. While insurance company has stated that claimant was driving the scooter negligently resulting in the accident. He lost balance due to speed while moving in a slope and struck against Maruti car. The documents of spending on medical treatment are not produced. The driver did not possess a driving licence, therefore, claim be rejected.
5. Claims Tribunal held that the accident took place as alleged and the claimant suffered injuries pointed out by him. Accordingly, compensation of Rs. 34,000 has been awarded. (Rs. 30,000 towards disability, Rs. 3,000 for pain and suffering and Rs. 1,000 for special diet).
6. Through this appeal, the award has been assailed by the claimant. Mr. Narendra Chouhan, the learned counsel for appellant urges that Claims Tribunal has not awarded just compensation in this case. As a matter of fact, the Tribunal failed to appreciate the evidence and understand the seriousness of injuries and the impact thereof on the life of the claimant. The claimant is a renowned sportsman, has secured various certificates from time to time in various fields of sports activities, suffering disability of 40 per cent would definitely harm his sports activities, future career and personality. Therefore, just compensation may be awarded for the permanent disability, treatment, special diet, pain and suffering, transport, etc.
7. Giving consideration to the whole matter, we find that the claimant is young man of 46 years, he is a good sportsman, large number of certificates placed on the record are testimony of his sports activities and awards obtained by him in various sports activities. Naturally, by this accident he is going to be affected since his left forearm has been fractured, it is nailed and screwed. In doctor’s opinion it has stiffened, therefore, permanent disability has taken place. Dr. Saiyad Naeem Zahid, A.W 3, places 40 per cent disability while Dr. Mahesh Dixit, AW 4, places it as 27.3 per cent. Fact remains that nature of injury caused to claimant is serious affecting his physical frame, enjoyment and participation in sports and social activities. Apart from this, he has suffered injuries to head and back. Therefore, the compensation of Rs. 34,000 awarded in a case of this nature is grossly inadequate.
8. Accordingly, the appeal is allowed. Award is modified. The claimant is awarded compensation on following heads:
(1) Permanent disability Rs. 70,000
(2) Pain and suffering Rs. 20,000
(3) Medical expenditure Rs. 30,000
(4) Special diet Rs. 5,000
(5) Transport Rs. 5,000
(6) Conveyance
allowance Rs. 10,000
(since petitioner
would not be in a
position to drive the
scooter for 5 years)
Accordingly, compensation in the sum of Rs. 1,40,000 (rupees one lakh forty thousand) is awarded to the claimant payable by Oriental Insurance Co. Ltd., within two months. Enhanced compensation to carry interest at the rate of 9 per cent per annum from the date of application till payment. Costs on parties.