Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 662 (RAJ)

Panchu Ram v. Ramgopal Singh

2008-03-03

R.C.GANDHI

body2008
JUDGMENT 1. - This appeal has been preferred against the award dated 8th November, 2004, passed by the Motor Accident Claims Tribunal, Shahpura, District Jaipur (hereinafter referred as 'the Tribunal') in Claim Petition No. 130/2002 whereby a sum of Rs. 40,000/- has been paid by the Tribunal as compensation for suffering one grievous and two simple injuries in a road accident by the appellant, on the ground that the Tribunal has not properly appreciated the evidence and has paid lump sum award whereas the award should have been calculated according to the structured formula contained in Schedule II appended with Motor Vehicles Act, 1988. 2. Heard learned Counsel for the parties and perused the record. 3. On appreciation of the plea of the learned Counsel for the appellant, the award has to be tested on the touch stone of the structured formula. The injured-appellant has suffered 9% permanent partial disablement. Income of the appellant has been taken as Rs. 2,100/- per month @ Rs. 70/- per day, the rate being paid by the Government to daily wager as the appellant could not prove his income. Taking into consideration appellant's annual income (2,100x12) and multiplier of 16 as he was of the age of 35 years at the time of accident, the compensation towards injury comes to Rs. 36,288/- (2,100x12x 16 x 9%). The appellant has produced the vouchers of Rs. 1,400/- on account of purchase of medicines for treatment which is required to be reimbursed. The appellant remained in the hospital for two days for which he is entitled to Rs. 400/- @ Rs. 200/- per day. For one grievous and two simple injuries sustained by the appellant, he is entitled to Rs. 7,000/-. The appellant could not work for the period of three months because of the fracture injury for which he is paid Rs. 6,300/- as compensation for loss of income of three months. Therefore, according to the structured formula, total compensation comes to Rs. 51,388/-(36,288+1,400+400+7,000+6,300). 4. The award is modified to the extent indicated above. Interest awarded by the Tribunal is maintained. The appeal is accordingly allowed.Appeal Allowed. *******