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Rajasthan High Court · body

2005 DIGILAW 2978 (RAJ)

Kanwar Singh v. Kamal Singh

2005-11-14

N.K.JAIN

body2005
Judgment Narendra Kumar Jain. J-Heard learned Counsel for the parties. 2. This appeal has been filed on behalf of the claimant appellant for enhancement of the amount of compensation against the Judgment /award dated 212.1995 passed by the Motor Accident Claims Tribunal, Behror (Alwar), whereby the learned Tribunal has awarded Rs. 1,10,420/-as total compensation in favour of the claimant appellant. 3. The claimant appellant filed an application for compensation before the learned Tribunal in respect of injury and permanent disablement sustained by him in an accident, took place on 07.09.1992, wherein the claimant appellant contended that he has suffered 100% permanent disability and he is not in a position to get up from the bed and even for the purpose of natural call he requires some assistant. 4. The claim application was contested by the opposite parties. 5. In support of the case, the claimant appellant examined AW. 1 himself and AW. 2 Rama Kant. No evidence was produced on behalf of the non-claimants. 6. After hearing the arguments from both the sides, the learned Tribunal passed an award as mentioned above. Being aggrieved with the same, the present appeal has been filed for enhancement of the amount of compensation. 7. Learned Counsel for the claimant appellant contended that this is a case of 100% permanent disability and looking to the injury sustained by him, the amount of compensation awarded by the Tribunal is meagre amount and the same is liable to be enhanced, whereas the learned Counsel for the respondents submitted that the award passed by the learned Tribunal is just and reasonable and no case is made out for enhancement of the amount of compensation. 8. I have considered the rival submissions and examined the impugned Judgment as well as the record of the learned Tribunal. 9. The claimant appellant AW. 1, Kanwar Singh has stated in his statement that in this accident he sustained severe spine injury and initially he was admitted in hospital at Behror from where he was referred to SMS Hospital, where he remained admitted for about 1 and ½ months and he spent more than Rupees two lakhs in the treatment. He further submitted that he is not in a position to go for natural call without assistance of any one. He was earning rupees three to four thousand per month from Yadav Service Station, Behror. He further submitted that he is not in a position to go for natural call without assistance of any one. He was earning rupees three to four thousand per month from Yadav Service Station, Behror. The documentary evidence in respect of income has also been placed on record. .10. The opinion given by the Medical Board consisting of three doctors in Exhibit P-2 the medical certificate, reads as under:- .(b) “Impairment of the powers of any member or joint, with percentage of impairment or destruction or disability (mention) - Tr. Paraplyia with 100% disability.” 11. The prescription slips have also been placed on record. The x-ray report Exhibit P-10, reads as under; “Thorasic spine fracture body of T7 vertebra is seen with forward displacement of T6 over T7”. 12. The injury report, Exhibit P-9 has also been placed on record. 13. From the oral and documentary evidence, it appears to be a case of spine fracture with 100% permanent disability, wherein the claimant is not in a position to move and he requires assistant even for going natural call and bath. 14. After considering the submissions of the learned Counsel for the parties as well as after considering the oral and documentary evidence placed on record including the age, income and nature of injury of the claimant, I am satisfied that the amount of compensation awarded in the present case is meagre sum and in my opinion it is a fit case for enhancement of the amount of compensation. 15. Accordingly, I allow this appeal and enhance the amount of compensation from Rs. 1,10,420/-to lump sum amount of Rs. 3,00,000/-(Three lacs) which, in my opinion will be just compensation in the facts and circumstances of the present case. The claimant appellant will be entitled to get interest at the rate of 6% per annum on the enhanced amount. The amount of Rs. 1,10,420/-as awarded by the Tribunal has already been paid to the claimant appellant, therefore, remaining amount of Rs. 1,89,580/-will be deposited by the respondents within a period of two months from today with interest thereon at the rate of 6% per annum from the date of filing of the claim application i.e., 03.03.1993 till the date of deposit of the amount. 16. 1,89,580/-will be deposited by the respondents within a period of two months from today with interest thereon at the rate of 6% per annum from the date of filing of the claim application i.e., 03.03.1993 till the date of deposit of the amount. 16. The learned Tribunal is directed to deposit the entire amount of compensation with interest in the MIS of the Post Office in the name of injured claimant appellant for a period of six years. The injured will be allowed to withdraw the monthly interest accrued thereon. 17. The appeal is accordingly allowed with no order as to costs.