Allahabad High Court
Suresh Chandra Gupta vs U.P.S.R.T.C And Others on 19 March, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 4323 of 2011
Appellant :- Suresh Chandra Gupta
Respondent :- U.P.S.R.T.C And Others
Counsel for Appellant :- Pankaj Kumar Shukla,Bhanu Bhushan Jauhari,Raj Narayan Gupta
Counsel for Respondent :- Jitendra Kumar,R.P. Ram,Sudhir Dixit
Hon'ble Vivek Agarwal,J.
Heard Shri Pankaj Kumar Shukla, learned counsel for appellant and Shri Jitendra Kumar learned counsel appearing for UPSRTC.
This appeal has been filed by the claimants being aggrieved of award dated 28.9.2011, passed by learned Motor Accident Claims Tribunal/Special Judge (DAA), Etah, in Motor Accident Claim Petition No.476/2007 (Suresh Chandra Gupta vs. UP State Road Transport Corporation and others) on the ground that claimant was an employee of Indian Postal Department. He was travelling in the bus of UP State Road Transport Corporation bearing No.UP-81-R-9528 the accident took place when the bus had dashed against Truck No.UP-12-L-2794 on Sikandrarau, District-Hathras at about 03:30 a.m.
It is submitted that learned Tribunal after assessing compensation of Rs.1,84,000/- held that claimant will be entitled only to a sum of Rs.92,000/- inasmuch as it held that driver of the bus was equally a contributing factor towards the incident as that of the truck. Placing reliance on the judgment of Supreme Court in Khenyei vs. New India Assurance Co.Ltd.; (2015) 9 SCC 273 it is submitted that since claimant was a passenger in the bus, he will come within a definition of a third-party and, therefore, no amount can be deducted in regard to claims admissible to the claimants on account of the injuries sustained by him even if negligence of the driver of the bus in which he was travelling is upheld.
Learned counsel for the appellant submits that Calcutta High Court in the case of New India Assurance Company vs. Bind Kumar Saha, 2018 (4) TAC 226 Calcutta, has awarded sums under the head of pain and suffering, future medical expenses, charges for attendant and transport etc., which can be taken as a guideline for enhancing the compensation under various heads.
A perusal of the award reveals that a sum of Rs.10,000/- under the head of special-diet, a sum of Rs.3,350/- under the head of transport, a sum of Rs.10,000/- under the head of pain and suffering, Rs.20,000/- for loss of comfort and amenities of life have been awarded under various heads. These amounts needs to be enhanced suitably taking into consideration the fact that claimant was working as a Dak Assistant and was aged about 47 years at the time of accident, he had sustained injuries on his face and other parts of his body. Bone of his left hand was fractured. He sustained injuries in jaw also. His 11th teeth was broken. Nose was repaired with the help of plastic surgery as his face became disfigured. He is disabled to eat and speak and was given treatment for a duration of about two years by plastic surgeon and orthopaedic surgeon. A disability certificate was issued showing multiple fractures in the upper left limb, left elbow, left forearm and left wrist, therefore, a certificate showing 20% post traumatic permanent disability of his left upper limb was issued. Another certificate was issued showing 35% post traumatic permanent physical disability of mandible and maxilla. Learned Tribunal has taken note of these facts.
However, in my opinion, looking to the nature of the accident, it will be appropriate to enhance sums awarded under pain and suffering from Rs.10,000/- to Rs.25,000/-. Looking to the duration of the treatment, which has been accepted to be two years, sums awarded under the head of special-diet needs to be enhanced to Rs.10,000/- to Rs.24,000/-. Similarly, under the head of transport, only a sum of Rs.3,350/- has been given, which is enhanced to Rs.10,000/-. A sum of Rs.25,000/- is awarded under the head of future treatment. No amount has been awarded under the head of attendant, which is fixed at Rs.12,000/-. Thus, there will be an addition of Rs.66,000/- as mentioned above. Further, claimants will be entitled to a sum of Rs.1,84,000/- in place of Rs.92,000/-, which has been reduced to 50% by the learned Tribunal.
Thus, overall, the claimants will be entitled Rs.2,50,000/- (Rupees two lakh fifty thousand only) in place of Rs.92,000/- awarded by learned Tribunal and the additional amount will also earn interest @ 7 per cent per annum from the date of filing of this claim petition.
In view of above, appeal is allowed.
Lower court record be sent back to the Tribunal.
Order Date :- 19.3.2021
LN Tripathi
