ORDER
1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act by the claimant against an award dated 30.4.2004, passed by learned I Motor Accident Claims Tribunal, Khargone in Claim Case No. 4/2002. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,36,400 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant i.e., appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent?
2. Heard Mr. Sameer Verma, learned Counsel for appellant and Mr. H.G. Shukla, learned Counsel for respondent No. 1, Insurance Company.
3. It is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or Insurance Company either by way of cross-appeal or cross-objection. In this view of the matter, we do not wish to burden our judgment by detailing facts on all these issues.
4. As observed supra it is a injury case, Jaipal the claimant aged around 30 years and cleaner by occupation suffered injury in a road accident that occurred on 27.7.2001. He suffered fracture in his collar bone and clavical bone. He also suffered head injury. Due to these injuries which were serious in nature he went in coma. The claimant then received extensive medical treatment but he eventually suffered paralysis in his whole body. He is completely bed ridden and cannot even walk. It is thus a case where injury is worst than the death. There are no chances of any recovery. This was duly certified by the doctors which according to them has caused 100% disability to claimant.
5. In our opinion, taking into account the entire evidence oral as also documentary led by the claimant, we are inclined to hold that monthly income of the claimant should have been taken as Rs. 3,000 as deposed by him in his evidence. In other words we would prefer to take Rs. 3,000 as claimant's monthly income in place of Rs. 1,800 taken by the Tribunal to be the basis for determining the compensation. We, therefore, work out the compensation payable to the claimant by taking into consideration his monthly income at Rs. 3,000.
6. Accordingly and in view of the aforesaid fact and taking into consideration the total dependency and the fact that claimant is having his wife and two children who are dependent upon him and the amount that he spent in his treatment, we are of the view that claimant is entitled to get a total compensation of Rs. 5,00,000 in lump sum in place of Rs. 4,36,400. The enhanced sum shall carry interest @ 6% per annum from the date of application till realisation.
7. Accordingly, and in view of the aforesaid discussion, appeal succeeds and is allowed in part. The impugned award is modified to the extent indicated supra. Counsel's fee Rs. 1,500.
C.C. within a week.