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2006 DIGILAW 34 (RAJ)

Tanmay Agrawal v. Bahupuri @ Bhagupuri

2006-01-04

N.K.JAIN

body2006
Judgment Narendra Kumar Jain, J.-Heard learned Counsel for the parties. 2. The injured-appellant has filed this appeal for enhancement of the amount of compensation against the Judgment /award dated 20.12.1993 passed by the Motor Accident Claims Tribunal, Jaipur District Jaipur, in Motor Accident Claim Case No. 575 /1991, whereby the learned Tribunal awarded total compensation of Rs. 27,000/-in respect of injuries sustained by him. 3. Learned Counsel for the claimant appellant contended that from Exhibit 7 it was clear that the appellant sustained 30% permanent disability; but the Tribunal awarded only Rs. 12,000/-on this account and as such the amount of Rs. 12,000/-for 30% permanent disability is a meagre amount and the same be enhanced adequately. 4. I have considered the submission of the learned Counsel for the claimant appellant. 5. Learned Tribunal has awarded Rs. 12,000/-for 30% permanent disability, which was clear from Exhibit 7, Rs. 10,000/-was further awarded for “metal and physical agony” and Rs. 5,000/-for other simple injuries. Thus, total amount of compensation of Rs. 27,000/-was awarded in favour of the injured appellant. 6. After considering the submission of the learned Counsel for the claimant appellant, I find that Rs. 12,000/-awarded for 30% permanent disability is inadequate and for the same, I enhance the amount of compensation of Rs. 12,000/-to Rs. 30,000/-. Thus, the appellant will be entitled to get total compensation of Rs. 45,000/-in place of Rs. 27,000/-. 7. Consequently, the appeal is allowed. The amount of compensation is enhanced from Rs. 27,000/-to Rs. 45,000/-. The appellant has received Rs. 27,000/-from the respondents. Therefore, the respondents are now directed to make the payment of remaining amount of compensation of Rs. 18,000/-to the injured appellant with interest at the rate of 6% per annum from the date of filing of the claim application i.e., 12.08.1989 till the date of deposit of the amount in the Tribunal. Two months time is allowed to the respondents to deposit the amount in the Tribunal. The Tribunal is directed to deposit the enhanced amount with interest in the name of appellant in the Monthly Income Scheme of the Post Office for a period of six years; with liberty to him to withdraw the monthly interest accrued thereon. No order as to costs.