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2005 DIGILAW 2253 (RAJ)

Jagdish Singh v. Kala Ram

2005-08-25

VINEET KOTHARI

body2005
Judgment Dr. Vineet Kothari, J.-This appeal is directed against the award dated 12.03.1993 passed by the Motor Accident Claims Tribunal, Jaipur (Herein after referred to as The Tribunal) in Claim Petition No. 1024 of 1989. The claimant Jagdish Singh while travelling in Car No. RNI 225 on 17.07.1989 at 11.00 p.m. in the night met with an accident when his vehicle collided with Truck No. RNM 8067. According to the claimant on account of said accident he suffered fractures and after operation he suffered permanent dis-ability of shortening of length of his right leg by two inches and the medical evidence assessed his permanent disability to the extent of 20%. The claimed was working as driver at the time of said accident and his monthly income was Rs. 1,000/-per month. His age was about 29 years at that time. According to the claimant he could not carry on his employment as a driver and the Tribunal has awarded only a sum of Rs. 60,000/-(Rs. sixty thousand only) on this account which is at the lower side. 2. Learned Counsel for the appellant has cited before me two decisions of Honble Supreme Court; one in the case of Shashendra Lahiri vs. UNICEF & Ors., 1998 ACJ 859, wherein a student of B. Com aged 17 years suffered fracture of right leg shortening by three inches and the Honble Apex Court enhanced the amount of compensation awarded by the Tribunal at Rs. 33,000/-which was enhanced to Rs. 58,000/-by High Court in an appeal and it was further enhanced to Rs. 4,00,000/-and thus, the total compensation awarded by the Apex Court was Rs. 4,58,000/-(Rs. four lac and fifty eight thousand only). In another case of Swatantra Kumar vs. Qamar Ali & Ors.,1998 ACJ 920 The Honble Supreme Court in a case of photographer earning Rs. 5,000/-per month who suffered similar injuries resulting into shortening of his leg by 1/3/4” enhanced the amount of compensation by an additional amount of Rs. 1,00,000/- (Rs. one lac). 3. Learned Counsel for the Insurance Company tried to support the amount of compensation awarded by the Tribunal. 4. 5,000/-per month who suffered similar injuries resulting into shortening of his leg by 1/3/4” enhanced the amount of compensation by an additional amount of Rs. 1,00,000/- (Rs. one lac). 3. Learned Counsel for the Insurance Company tried to support the amount of compensation awarded by the Tribunal. 4. In view of the young age of the claimant driver of 29 years and the fact that the Tribunal has not properly appreciated the future prospects of increase in his earning capacity had he not suffered the said injury on account of rash and negligent driving by the truck driver, it is considered just and proper if adhoc enhancement of Rs. 50,000/-is allowed in the present case. The said enhanced amount of Rs. 50,000/-(Rs. fifty thousand only) shall be payable to the claimant Jagdish Singh with interest @ 6% per-annum from the date of passing of the award by the Tribunal i.e., 12.03.1993. The said enhanced amount alongwith interest shall be paid by the Insurance Company within a period of three months from today in the saving bank account of the claimant. 5. With these modifications, the present appeal is partly allowed. There is no order as to costs.