Shivdhar Kumar Vashiya vs. Ranjeet Singh 

FACTS

As per this case in a vehicular accident between the motor cycle driven and the claimant. The  claimant suffered grievous injuries. He has been taken to CIMS Hospital, Bilaspur and then to  Apollo Hospital, Bilaspur. He was admitted to the hospital for 45 days. He suffered multiple  injuries over his face; lacerated wound on scalp temporal region; lacerated wound on right ear,  swelling over right leg suspected fracture. 

Apollo Hospital, Bilaspur has issued a summary discharge of the claimant:- 

There was rashes all over his body. Possibility of eptoin toxicity was there so eption was  stopped. Gradually he was improving well and at the time of his discharge he was looking  around, left sided spontaneous movement, right hemiparesis ,accepting orally semisolid and it  was clearly explained to his relatives that he will improve gradually.  

Doctor also said that the exact recovery is difficult to predict. Medical Board Doctors examined  him and the doctors assessed 82% permanent disability and it was found that the condition of  the claimant is not going to improve. As per the reports it was found that the claimant was not  able to perform his daily task without anyone’s help. 

ISSUE 

∙ Did the Claimant receive compensation as he was permanently Partial Disability under different heads?

JUDGEMENT 

As per the Motor Accident Claimant Tribunal awarded a total sum of Rs.19,98,000/- towards  the compensation under different heads.  

For enhancement of the compensation they appeal to the High Court and get the compensation  to Rs. 27,36,541/-, instead of Rs.19,98,000/- as awarded by the Tribunal. 

But the claimant was not happy with the judgement and he again preferred the present appeal  to the court for enhancing the amount of loss which he suffers in charge of amenities, joy and  pain/suffers which is not considered in that compensation. 

As per facts and circumstances of the case, the court was in the opinion of the aforesaid heads,  like loss of amenities, joy and towards pain/sufferings respectively, if a further sum of  Rs.2,00,000/- [over and above Rs.1,00,000/- (Rs. 50,000/- on each count)] is awarded, it will  meet the ends of justice. 

The impugned judgment and order passed by the High Court is in the modified way, it was  held that the claimant shall be entitled to a total sum of Rs.29,36,541/- under different heads  including a total sum of Rs.3,00,000/- under the heads “loss of amenities and joy and  pain/sufferings”, which shall carry interest @ of 7% per annum from the date of application till  its realisation. 

REFERENCE 

https://indiankanoon.org/doc/118817171/

This article is written by Suchita Suman of Lloyd Law College, Intern at Legal Vidhiya.

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