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Rajasthan High Court · body

2008 DIGILAW 1699 (RAJ)

Ramchandra Yadav v. Harish Chandra Pareek

2008-07-14

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—Heard. 2. This appeal has been preferred on behalf of injured Ram Chandra for enhancement of amount of compensation against the award passed by Motor Accident Claims Tribunal,(for short 'the Tribunal') Jaipur , dated 14.10.1998, in Claim Case No. 720/92, whereby a sum of Rs. 61,000/- was awarded by way of compensation for the injuries sustained by him. 3. According to the facts of the case, the accident took place on 25.6.1992 at 7 a.m. when the injured was going on foot and he was dashed by offending vehicle Luna No. RJ 14 M2 9451 and thereby sustained fracture of right hip bone resulting in to 15 percent disability as per the disability certificate. 4. Learned counsel submits that the learned Tribunal has erred in awarding the compensation on lower side as no adequate amount has been awarded for loss of future income on the basis of the monthly earning of Rs. 3000/- as held by the Tribunal. He further submits that the learned Tribunal has awarded compensation for three months insterad of three and half months while the injured was confined to bed in the hospital as the learned Tribunal has awarded only a sum of Rs. 9,000/-, which should have been 10,500/-. 5. Learned counsel for the Insurance Company supported the awarded of the learned Tribunal on the ground that the learned Tribunal has awarded adequate compensation after apprising the evidence led during the inquiry and as such this is not a case for interference by this Court. 6. In view of the rival submissions and on perusal of the record of the case , it is revealed that the injured is of 48 years old person and was engaged in stitching work apart from other work and the learned Tribunal has found his income to be Rs. 3,000/- p.m. But the learned Tribunal has failed to award compensation for loss of future income commensurating with the disability sustained by adopting a multiplier of 13. Therefore, on this count, the amount of compensation can be calculated as under:- “3000 X 12 x 13 x 15/100 = 70,200.” 7. As the amount of Rs. 29,000/- has already been awarded by the learned Tribunal for the loss of future income as well as for the injury sustained and as such the said amount of Rs. Therefore, on this count, the amount of compensation can be calculated as under:- “3000 X 12 x 13 x 15/100 = 70,200.” 7. As the amount of Rs. 29,000/- has already been awarded by the learned Tribunal for the loss of future income as well as for the injury sustained and as such the said amount of Rs. 29,000/- deserves to be deducted from the amount already awarded by the learned Tribunal. Likewise , a sum of Rs. 1500/- is also deserved to be awarded so as to add the amount of compensation less awarded for the period of hospitalization. Thus the total amount may be computed as under:- “70,200 + 32,000 + 1500 = 1,03,700/-.” 8. In the result the award of the learned Tribunal is modified and the compensation awarded is enhanced from Rs. 61,000/- to 1,03,700/- with interest at the rate of 6% from the date of appeal i.e. 17.11.1998, and the same shall be payable within three months from the date of this order and failure to do so, the amount shall entail interest at the rate of 9% p.a. from the date of appeal. 9. The appeal is disposed of accordingly.