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Rajasthan High Court · body

2008 DIGILAW 2213 (RAJ)

Jagdish Prasad v. Rajesh Sharma

2008-09-19

GUMAN SINGH

body2008
Judgment Hon'ble SINGH, J.—This appeal has been preferred by the appellant-claimant Jagdish Prasad for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 15.1.2003 whereby a sum of Rs.50,000/- was awarded to the appellant by way of compensation for the injuries sustained in the accident resulting in 10.15% disability. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the learned Tribunal has failed to award adequate compensation on account of loss of earning in accordance with the provisions of second schedule of the M.V.Act. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured was 52 years of age at the time of accident and sustained 10.15% disability on account of fracture of tibia fabula of left leg. The learned Tribunal has awarded lump sum of Rs.50,000/- and did not specifically award any amount for loss of future earning. That apart, the injured remained on leave for five months, as such, he deserves to be awarded Rs.24,000/- for the loss of income on account of leave taken by him. Thus, as per the provisions of second schedule to the M.V.Act, the amount of compensation can be computed as under: 12939 x 8 (multiplier) x 10.15% (disability) = 1,26,077-(minus) 50,000 (aleady awarded) = 76,077+24,000 = 1,00,077 (to be additionally awarded). 6. Accordingly, appeal of the appellant is partly allowed and while maintaining the other terms of the award, the additional amount of compensation to the tune of RS.1,00,077/- is awarded to the appellant-claimant from the date of appeal i.e. 8.4.2003, with 6% interest to be paid within three months, thereafter future interest @9% per annum shall be paid.