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2009 DIGILAW 1155 (RAJ)

Mohammad Amin v. Rakesh Gangwal

2009-04-28

GUMAN SINGH

body2009
JUDGMENT 1. - Heard learned Counsel for the parties. 2. This appeal has been preferred on behalf of appellant-injured for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jaipur in M.A.C.T. vide award dated 1st May, 1999 whereby a sum of Rs. 1,12,740/- was awarded byway of compensation for 28.5% disability sustained on account of injuries caused in the accident. 3. The only challenge in the appeal pertains to quantum of compensation. 4. Learned Counsel for the appellant submits that the Tribunal has failed to award adequate compensation by adopting Second Schedule of the Motor Vehicles Act to be the guideline. It is further submitted that the amount of medical bill (Exhibit 101, 102 and 125 to 167) of Rs. 14,462/- also deserves to be awarded which the Tribunal has not awarded. The learned Counsel submits that the Tribunal has awarded Rs. 1,000/- for transport while the appellant has claimed Rs. 5,000/-and that deserves to be awarded. It is further submitted that the injured was hospitalized for 43 days for that sufficient amount deserves to be awarded. 5. Per contra learned Counsel for the respondents has submitted that the Tribunal has awarded adequate compensation in view of the evidence adduced in inquiry, and thus the award of learned Tribunal calls for no interference. He has further submitted that income of the injured is not proved and the medical bills, submitted by the learned Counsel for the appellant, do not contain details of the appellant and his disease. 6. In view of the arguments advanced during the inquiry and going through the award and record of the case, it is revealed that as per the disability certificate Exhibit-202, the injured had developed tetanus followed by trauma endangering life. It is further revealed that the fracture of leg resulted in restriction of knee and ancle moments causing of 20% disability resulting in shortening of leg by 3/4 inch and the injured had to be hospitalized for 43 days and had to go to Bombay for treatment. The pain and agony faced by the injured on account of tetanus has also been taken into account by the medical board. The injured was contractor for construction work and also engaged in the work pertaining to property dealing. The pain and agony faced by the injured on account of tetanus has also been taken into account by the medical board. The injured was contractor for construction work and also engaged in the work pertaining to property dealing. Though the Tribunal has not assessed his monthly income but in view of the age and the work, in which the injured was engaged, his daily income can be assessed to Rs. 100/- at least so as to award adequate compensation for the loss of future earning on account of injury sustained. That apart, the injured was hospitalized for 43 days, he deserves to be awarded Rs. 100/- per day for the extra expenses. For transportation, a sum of Rs. 1,000/- has been awarded while a sum of Rs. 5,000/- has been claimed on behalf of the injured and thus remaining sum of Rs. 4,000/- also deserves to be awarded. The medical bills have been brought on record bearing Exhibit-101, 102 and 125 to 167 having the name of the injured and mostly pertain to his treatment at Bombay and, thus, the total amount of the bill of Rs. 14,462/- deserves to be awarded. His future earning deserves to be computed by adopting appropriate multiplier under Second Schedule of Motor Vehicles Act as under : 3000 x 12 x 15 (multiplier) x 28.5/100 (percentage disability) = Rs. 1,53,900/- + Rs. 14,462/- (medical bills) + Rs. 4,000/- additional amount for transportation) + Rs. 4,300/- (for a period of hospitalization) = Rs. 1,76,662/- minus Rs. 20,000/ - (already awarded towards permanent disability) = Rs. 1,56,662/- (to be additionally awarded). 7. Accordingly, while maintaining the other terms of the award, the total amount awarded is further enhanced by additional sum of Rs. 1,56,662/- from the date of filing of the appeal i.e. 3rd August, 1999 with 6% interest to be paid within a period of three months. Thereafter interest at the rate of 9% shall be payable. The appeal is disposed off, accordingly. Appeal disposed off. *******