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2008 DIGILAW 1988 (RAJ)

Babu Lal Yadav v. The Oriental Insurance Co. Ltd.

2008-08-22

R.S.CHAUHAN

body2008
JUDGMENT 1. - The appellant having lost four fingers of his left hand and having suffered 20% of permanent disability was granted merely Rs. 35,000/- by way of compensation. Aggrieved by the order dated 10.11.C5 passed by the Motor Accident Claims Tribunal, Neem Ka Thana, District Sikar, the appellant 5 has filed the present appeal for enhancement. 2. The brief facts of the case are that on 5.4.02 the appellant was working in his field and respondent no. 4 was working as driver on the tractor, bearing Registration No. PUG 2283 in the same field. Suddenly respondent No. 4 inadvertently started his tractor in reverse. Resultantly, the appellant fell down and one of the tyres of the tractor went over his left hand. Consequently, four fingers of his left hand were amputated. Subsequently, the appellant filed a claim petition for compensation. In order to substantiate his case the appellant examined two witnesses and produced seventeen documents. The respondents neither examined any witness, nor produced 5 any document. After going through the oral and documentary evidence, the learned Tribunal awarded the compensation as aforementioned. Hence, this appeal for enhancement. 3. Mr. Harsh Saini, the learned counsel for the appellant, has vehemently argued that despite the fact that appellant had lost four fingers of his left hand and inspite of the fact that he has suffered 20% of permanent disability, the learned Tribunal has not applied the formula given in Item No. 5 of the Second Schedule attached to the Motor Vehicles Act, 1988 ('the Act', for short). The more amount of Rs. 35,000/- granted to a young man of 22 years, who would be handicapped for rest of his life, is shockingly disproportionate to the gravity and the disability suffered by him. Mr. Saini has further argued that no compensation has been paid for the non-pecuniary categories. Lastly, despite the fact that few medical bills were submitted, no compensation has been paid for the medical treatment. 4. On the other hand Mr. S.R. Jatav, the learned counsel for the Insurance Company, has strenuously argued that Rs. 35,000/- is more than just and reasonable compensation for the injuries sustained by the appellant. 5. We have heard the learned counsel for the parties and have perused the impugned award. 6. 4. On the other hand Mr. S.R. Jatav, the learned counsel for the Insurance Company, has strenuously argued that Rs. 35,000/- is more than just and reasonable compensation for the injuries sustained by the appellant. 5. We have heard the learned counsel for the parties and have perused the impugned award. 6. It is, indeed, trite to state that once a formula has been prescribed by the legislature, the learned Tribunal is legally bound to adhere to and to implement the said formula. In case the Tribunal ignores the said formula, it must justify with reasons for overlooking of the said formula. A bare perusal of the impugned award clearly reveals that the learned Tribunal has not given a single reason for non-implementation of the formula. Like a magician it has conjured up the figure of Rs. 35,000/- as the loss suffered by the appellant. Thus, clearly the impugned award suffers from the virus of non-application of mind. Hence, the impugned award cannot be sustained. 7. According to the appellant, he was 22 years old and was engaged as an agricultural labourer and was earning 3500/- per month. Thus, despite the availability of the sufficient data surprisingly, the learned Tribunal has not applied the formula given in Item 5 of the Second Schedule attached to the Motor Vehicle Act, 1988 ('the Act', for short). Taking the income of the appellant as Rs. 3500/- per month, and considering the fact that he was 22 years old, a multiplier of 17 should be applied in the present case. Hence, in order to work out the loss suffered by the appellant in accordance with formula given in item 5, the loss can be calculated as under:- Rs. 3500 x 12 x 17 = 7,14,000/-. Taking 20% of the said amount, the loss comes out to be Rs. 1,42,800/-. Therefore, the minimum compensation payable to the appellant is Rs. 1,42,800/-. 8. This court is also alive to the fact that a young man of 22 years has lost four fingers of his left hand. Therefore, the left hand has become useless. Considering the fact that the appellant comes from the lower strata of society and is economically weak, it would be difficult for him to be gainfully employed. Therefore, the pain and agony and frustration suffered by him for the rest of his life can be well imagined. Therefore, the left hand has become useless. Considering the fact that the appellant comes from the lower strata of society and is economically weak, it would be difficult for him to be gainfully employed. Therefore, the pain and agony and frustration suffered by him for the rest of his life can be well imagined. Obviously, with amputated fingers, the appellant would also find it very difficult to be married of and to lead a non-marital life. Thus, his pain, agony and frustration would only aggravated in future. Therefore, this court deems it proper to grant a compensation of Rs. 20,000/- under the non-pecuniary category of pain, agony and frustration. 9. The appellant had submitted medical bills to the tune of Rs. 315/- which were readily available on record. Medical reimbursement of this little amount of Rs. 315/- should also be made to the appellant. 10. Hence, for the reasons stated above the award dated 10.11.05 stands modified as under : 1. Loss of income suffered by the appellant Rs. 1,42,800/-. 2. Loss suffered in the non-pecuniary category of Rs. 20,000/-. 3. Reimbursement of Medical Bills Rs. 315/-. 11. Rest of the award is confirmed. The Insurance Company is directed to pay the enhanced amount alongwith an interest @6% per annum from the date of filing of the claim petition i.e. 23.08.99 till the realisation by the claimants, within a period of two months. The learned Tribunal is directed to ensure that the enhanced amount of compensation is paid to the claimants within a period of three months from the date of receipt of the certified copy of this judgment.Award modified as above. *******