Research › Search › Judgment

Rajasthan High Court · body

2009 DIGILAW 435 (RAJ)

Banshi Lal v. Puran Mal

2009-02-10

GUMAN SINGH

body2009
JUDGMENT 1. - The learned counsel for both the sides agreed for final disposal of the appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant Banshi Lal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sambhar Lake, Jaipur vide judgment dated 28.10.2003 whereby a sum of Rs. 60,000/- by way of compensation was awarded to the injured for the injuries caused in the accident resulting in 5.40% disability. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the amount so awarded by the learned Tribunal is in lower side which deserves to be enhanced. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the amount deserves to be awarded while computing the same under second schedule to the M.V.Act including the income of appellant to be Rs.3000/- per month as under: 3000x12x 16 (multiplier) x5.40% (disability) = 31,104 + 30,000 (loss of income for ten months) + 11,000 (two grievous hurt and one blunt) = 72,104 - 60,000 (already awarded)= 12,104/- (to be additionally awarded) 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.12,104/- by way of additional enhanced compensation from the date of appeal i.e. 8.12.2003, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged.Record be sent forthwith.Appeal Partly Allowed. *******