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2005 DIGILAW 2500 (RAJ)

Kherunnisha v. Habib

2005-09-19

AJAY RASTOGI, V.K.BALI

body2005
Judgment Ajay Rastogi, J.-It is claimants special appeal seeking enhancement of compensation of Rs. 56,000/-awarded by Motor Accident Claims Tribunal, Tonk (“Tribunal”) in MACT Case No. 51/1994 vide Award dated 05.09.2000 which was affirmed by learned Single Judge vide order dated 16.02.2001 while dismissing Civil Misc. Appeal No. 200/2001. 2. Kherunnisha (appellant) while going on moped met with an accident on 09.01.1994 and had sustained injuries resulting in 10% permanent disability on account of rash and negligent driving of offending Truck No. RNP 3516. It was her case that she was a bidi worker earning Rs. 25/-per day and as per doctors report, she had fracture at left leg and forearm and she remained in hospital as indoor patient for 78 days. Learned Tribunal, after taking note of material on record, considered it proper to award Rs. 50,000/-towards damages and Rs. 6,000/-towards medical expenses and in all Rs. 56,000/-were awarded as compensation with 12% interest per annum with effect from date of claim petition till actual payment. Appeal against aforesaid award has been filed by appellant for enhancement of compensation but the same has been dismissed by learned Single Judge (Supra), Hence, this special appeal. 3. Only contention raised by Shri Praveen Jain, Counsel for claimants is that while awarding compensation, learned Tribunal has failed to consider loss of income to her as a result of 10% permanent disability, which has impaired her efficiency. 4. Undisputably, fact with regard to loss of income has not been examined by learned Tribunal, and that apart, it has also not been disputed by non-claimants on record that she was not earning Rs. 25/-per day at relevant point of time and 10% disability as a result of the accident in question has certainly impaired her efficiency causing loss of income as a measure of future prospects, for which a sum of Rs. 25,000/-as lump sum besides impugned compensation is awarded. As per recent trend, interest @ 9% per annum is also awarded on the compensation enhanced by this Court. 5. The amount of enhanced compensation of Rs. 25,000/-(Twenty five thousand) alongwith interest @ 9% per annum from the date of filing of claim petition till actual payment shall be paid by the Insurance Company to the appellants claimants within two months. Accordingly, Award dated 05.09.2000 stands modified. Consequently, this special appeal is partly allowed. No order as to costs.