RANCHI, India, Nov. 25 -- Jharkhand High Court issued the following order on Oct. 29:

1. The claimant is in appeal for enhancement of compensation awarded in Motor Accident Claim Case No. 76 of 2017, whereby and whereunder a compensation of Rs. 21,17,941/- has been awarded in favour of the claimant.

2. As per the claim case, claimant-Md. Sahabuddin was driving his truck (Container) bearing registration No. JH-12-D-4272 on the fateful night on 03.11.2016, which met with an accident with Trailer bearing registration No. UP-25-AT-5725. The accident is attributed to the wrong parking of Trailer bearing No. UP-25-AT-5725.

3. In the accident, the complainant sustained critical injury and underwent treatment initially at Soro Hospital, Balasore and was referred to Maa Nursing Home, Balasore for further treatment from there he was taken for treatment to Relax Hospital Ranihat, Cuttack. He was finally treated at Shanti Memorial Hospital Pvt. Ltd., Cuttack in which one of his legs had to be amputated below knee. As per the permanent disability certificate, the claimant had suffered 85% permanent physical disability.

4. The owner and insurer of the stationary Trailer bearing No. UP-25-AT5725, which was said to be wrongly parked, appeared and contested the case by filing their separate written statements. It was, inter alia, contended that the accident was the outcome of rash and negligent driving by the driver who was the claimant and that his claim for monthly income of Rs. 20,000/- per month was exaggerated.

5. Learned Tribunal framed the following issues:

Issue No. III - Whether the injury of the injured Md. Sahabuddin resulted from the vehicular accident dated 03.11.2016 at about 3.00 AM at Jamujhadi on NH-5 near Tarini Temple (under P.S.-Simulia, Dist.-Balasore, Orissa) caused due to driving the offending vehicle Trailer bearing registration No. UP25AT5725 rashly and negligently?

Issue No. IV - Whether the injured Md. Sahabuddin was driving the Container bearing No. JH12D4272, himself responsible for causing the accident? If so, to what extent injured was negligent? Issue No. V - Whether the offending vehicle Trailer bearing registration No. UP25AT5725 was duly insured on the material date and time and whether owner has violated any of the terms and condition of the insurance policy?

Issue No.VI - Whether the claimant is entitled for compensation arising out of this motor vehicle accident and if so, as to what extent, and against whom of the O.Ps?

6. Learned Tribunal recorded a finding that there was contributory negligence on the part of the claimant to the extent of 25% and, accordingly, deducted the compensation. It was also held that the functional disability suffered by the claimant was to the extent of 60 % and taking monthly income of Rs. 12,000/-. The compensation was awarded for permanent disability.

7. It is submitted by learned counsel for the appellant that as per the permanent disability certificate, the physical disablement was to the extent of 85% and considering the occupation of the driver, amputation of one leg amounted to 100% physical disability. Learned Tribunal grossly erred in assessing the functional disability to the extent of only 60%.

8. It is further argued that the claimant suffered critical injury and underwent treatment for six months in different hospitals, but the compensation under the head of "pain and suffering" has been awarded only Rs. 2 Lakh. Further, a meagre sum of Rs.3,000/- has been awarded as transportation charges.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoL8%2Fxx67Idar2r4O%2BsZJv4RSsoQlwYViD%2Fm2WTmIBxy4&caseno=MA/156/2021&cCode=1&cino=JHHC010328762021&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.