Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 94 (RAJ)

Motilal v. Sangeet Agarwal

2005-01-11

DALIP SINGH

body2005
Judgment Dalip Singh, J.-This appeal arises out of the award dated 03.06.1993 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Claim Case No.632/1988 which was filed for compensation on account of injuries suffered by the appellant who met with a motor accident on 27.04.1988. On the fateful day, the appellant was going on a scooter when he met with an accident involving a truck No. RRB-9144 which was being driven by the respondent No. 2. The said vehicle was insured with the respondent No. 3 United India Insurance Company Ltd. The said truck was carrying iron tore steel which was projecting outside the truck and as a result of the collision, some of the steel penetrated in the chest of the appellant as well as in the arm resulting in multiple fractures. 2. The submission of the learned Counsel for the appellant is that compensation on account of injuries of Rs. 20,000/-awarded to the appellant is wholly inadequate and the amount of Rs.3,282/-plus Rs. 718/-awarded for loss of income and medical expenses respectively amounting to Rs. 4,000/-is also inadequate. 3. Learned Counsel appearing on behalf of the insurance company submits that amount awarded by the learned Tribunal is just and proper particularly, in view of the fact that compensation must be judged in the light and background of the date on which the accident occurred i.e. year 1988 and commensurate with the value of money at that point of time. 4. I have given anxious consideration to the fact and circumstances of the case, it has been brought on the record that appellant suffered multiple injuries i.e., fractures of the ribs as well as the injuries on the arms which were caused by the penetration by the steel bars. As a result of the aforesaid injuries, the appellant was hospitalised for a period of one month and could not attend his duties for a period of nearly two months. PW.3 Dr. Gautam Sain has proved the injuries as well as stated that as a result of the aforesaid injuries, the appellant would have difficulty in breathing as well as would face difficulty, in doing heavy work and would have limited capacity to do work. He will also have to face problem in sleeping on the right side and even during the change of seasons he would face problem. He will also have to face problem in sleeping on the right side and even during the change of seasons he would face problem. It has also come on record that appellant suffered a penetrating incised wound on the chest. This treatment continued even on 24.06.1988 as the said would on chest developed infection as is evident from Exhibit P-5 and the treatment ticket dated 24.06.1988 which is on record i.e. after nearly two months of the accident. 5. Considering the totality of the facts and circumstances of this case, as well as the Exhibit P-7, the medical certificate, it would be in the fitness of the things that amount of compensation awarded for injuries suffered by the appellant of Rs. 20,000/-be enhanced to a sum of Rs. 30,000/-considering the fact that he suffered multiple fractures of the ribs plus penetrating wound on the chest and arm which must have caused immense pain, suffering and shock as it is a providential save for him of his life. He had to remain on leave for two months and due to the injuries as per the evidence of the Doctor he would suffer for the remainder of his life as he would have considerable difficulty in breathing etc. Thus, in clubbing all the heads of pain and suffering and loss of earning and earning capacity since he was a helper in a private factory an enhanced amount of Rs. 30,000/-at least would be justified. The amount of Rs. 4,000/-which has been awarded under the other heads cannot be altered in view of the fact that there is no evidence lead by the appellant for enhancement in this head so far as loss on account of actual expenses for the medical treatment etc. The appeal is allowed to the extent of Rs. 10,000/-as indicated above. The respondents are directed to pay or deposit the said amount of Rs. 10,000/-(Rs. Ten thousand only) by means of demand draft or crossed cheque in favour of the appellant or deposit the same with the learned Tribunal within a period of three months from today. In case, the said amount is deposited within a period of three months, the amount shall carry the interest at the rate of 6% per annum w.e.f. that date of filing of this appeal i.e. 12.08.1993. In case, the said amount is deposited within a period of three months, the amount shall carry the interest at the rate of 6% per annum w.e.f. that date of filing of this appeal i.e. 12.08.1993. It is, however, made clear that in case the aforesaid amount is not paid or deposited within a period of three months as indicated above, the appellant shall be entitled to recover the said enhanced amount from the respondents with interest thereon at the rate of 9% per annum w.e.f. the date of filing of the claim petition before the learned Tribunal i.e. 08.08.1988. Appeal is thus partly allowed. 6. There shall be no order as to costs.