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1999 DIGILAW 299 (RAJ)

Gagan Das v. Aziz Ahmed

1999-03-08

SHIV KUMAR SHARMA

body1999
JUDGMENT 1. Dissatisfied with the size of the award of the Motor Accident Claims Tribunal, Jaipur appellant has preferred this appeal seeking enhancement of the amount of compensation. Learned Tribunal has awarded compensation in the sum of Rs. 24,000/- for the compound fracture of underlying hone of the right arm sustained by the claimant. 2. The claimant in his statement deposed that he remained on leave for eight months and because of the injury he shall not be able to work efficiently by his right hand. No question in respect of injury and working efficiency was asked from the claimant in the cross-examination. A look at the impugned award demonstrates that the Tribunal awarded compensation in the sum Rs. 22,000/- against general damages and Rs. 2,000/- against special damages. Aspect of economic loss, physical pain or mental agony was completely lost sight of. In Kumari Shahina v. Dalbeer Singh, S.B. Civil Misc. Appeal No. 680/1992 decided on 19.11.1998 this Court awarded compensation to the tune of Rs. 50,000/- to the claimant who sustained two fractures. In the instant case the compensation awarded to the claimant appears to be inadequate and ends of justice will be served if an additional amount of Rs. 18,000/- is granted to the claimant appellant by way of compensation on the heads of pain, shock and suffering. The compensation is accordingly stepped up. 3. Resultantly, the appeal stands party allowed and the amount of compensation is stepped up from Rs. 22,000/- to Rs. 40,000/-. The impugned award shall stand modified accordingly. Other directions issued by the Tribunal shall remain unchanged.Misc. Appeal allowed. *******