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2005 DIGILAW 59 (RAJ)

Krishna Gopal v. Ishwar Singh

2005-01-07

DALIP SINGH

body2005
Judgment Dalip Singh, J.-Heard learned Counsel for the parties and perused the material on record. 2. At the joint request made by the learned Counsel for the parties, the matter is taken up for final hearing. 3. The brief facts giving rise to this appeal are that on 26.06.1996 the appellant Krishna Gopal met with a motor accident, as a result of which he sustained multiple injuries including fracture of his right leg. As a result of the aforesaid injuries, the appellant remained hospitalised. The learned Motor Accident Claims Tribunal, Jaipur City, Jaipur has found that as per the evidence produced before it, there is 29% disability of the right leg. The appellant was 26 years of age at the time of accident and was a labour whose income as per the award was Rs. 2,000/- (Rs. two thousand) per month. 4. Learned Counsel for the appellant has submitted that the learned Tribunal has awarded under the head of loss of income a consolidated amount of Rs. 50,000/-(Rs. fifty thousand only) + additional amount of Rs. 5,000/-(Rs. five thousand only) for loss of income during the period the appellant remained in hospitalised. Learned Counsel for the appellant has further submitted that the amount of Rs. 50,000/-so awarded for loss of income is a very meager amount and not inconsonance with the structured formula as provided under the II Schedule of the Motor Vehicles Act, 1988. 5. As per the provisions contained in the II Schedule of the Act of the 1988, the monthly income of the appellant injured being Rs. 2,000/-per month, the anuual income would be Rs. 24,000/-(Rs. twenty four thousand only) per-annum. As per the provisions of II Schedule of the Motor Vehicles Act, 1988 the multiplier to be applied in the case of appellant who was 26 years of age at the time of accident would be 18. Accordingly, the figure of Rs. 4,32,000/-(Rs. four lac thirty two thousand only) is arrived at 24,000 x 18 is equal to Rs. 4,32,000/-only). Since, the finding with regard to disability is 29%, the loss of income would be 29% and the amount of Rs. 4,32,000/-which is equal to Rs. 1,25,280/-(Rs. one lac twenty five thousand two hundred eighty only ). In this view of the matter, the amount of Rs. 55,000/-(Rs. 4,32,000/-only). Since, the finding with regard to disability is 29%, the loss of income would be 29% and the amount of Rs. 4,32,000/-which is equal to Rs. 1,25,280/-(Rs. one lac twenty five thousand two hundred eighty only ). In this view of the matter, the amount of Rs. 55,000/-(Rs. fifty five thousand only) as awarded by the Tribunal under the head of loss of income is accordingly liable to be enhanced. The amount of Rs. 55,000/-is liable to be deducted from the enhanced amount of Rs. 1,25,280/-(Rs. 1,25,280 -Rs. 55,000 = Rs. 70,280/-). 6. Resultantly, this appeal is allowed to the extent that the appellant would be entitled to Rs. 70,280/-(Rs. seventy thousand two hundred eighty only). The respondents are directed to pay the enhanced amount of Rs. 70,280/-(Rs. seventy thousand two hundred eight only) by way of a demand draft or crossed cheque or to deposit the same with the Tribunal within a period of three months from the date of receipt of the certified copy of this order to the respondents. In case, the aforesaid amount is paid or deposited with the Tribunal within the stipulated period of three months, the said amount shall carry interest @ 6% per-annum from the date of filing of the appeal i.e., 01.07.2002. In case, the respondents fail to pay or deposit the aforesaid amount within three months as aforesaid, the appellant would be entitled to recover the said amount alongwith interest @ 9% per-annum from the date of filing of the claim petition i.e., 30.07.1996. 7. The parties shall bear their own costs.