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Rajasthan High Court · body

2009 DIGILAW 603 (RAJ)

Ramesh Saini v. Guru Charan Singh

2009-02-25

GUMAN SINGH

body2009
Hon'ble SINGH, J.—Both these appeals have been preferred by the injured-appellants Ramesh Saini (claim case no.830/98) and Ramjilal (claim case no.829/98) respectively for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur and Rajasthan Cooperative Tribunal, Jaipur vide judgment dated 5.1.2000 whereby a sum of Rs.89,000/- and Rs.80,000/- respectively was awarded by way of compensation for the injuries sustained in the accident causing disability. 2. The challenge in the appeals pertains to quantum of compensation only. 3. Learned counsel for the injuredappellants submits that the injured-appellants have sustained injuries dangerous to life on head and they were operated and the learned Tribunal has failed to award compensation for loss of earning and same deserves to be awarded as under second schedule to 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. It is also submitted that the learned Tribunal has awarded adequate compensation on other counts including the counts for mental and bodily pain & sufferings and, as such, the amount awarded on other counts are required to be taken into consideration while awarding the compensation for the loss of earning to the injured for the disability sustained. C.M.A. No. 381/2000: 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured had sustained 10% disability and his income was found to be Rs.1,000/- and he was 22 years of age at the time of accident and, as such, he has not been awarded any amount for loss of earning and hence loss of amount of earning on account of disability can be computed as per second schedule to the M.V. Act as under: 1,000 x 12 x 17 (multiplier) x 10% (disability) = 20,400 (to be additionally awarded). 6. Accordingly, appeal of the appellant Ramesh Saini 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.20,400/- by way of additional enhanced compensation from the date of appeal i.e. 30.3.2000, 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. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. C.M.A. No. 1374/2000 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured had sustained 5% disability on account of two fractures caused on the head resulting injuries dangerous to life. The injured is 25 years of old and he was earning Rs.2500/-per month at the time of accident and the learned Tribunal has awarded Rs.60,000/- for mental & bodily pain & sufferings looking to the nature of injuries caused being dangerous to life. No amount as against the loss of earning has been awarded on account of disability, therefore, adequate amount deserves to be awarded for loss of earning as per second schedule to the M.V. Act as under: 2500 x 12 x 17 (multiplier) x 5% (disability) = 25,500 (to be additionally awarded). 8. Accordingly, appeal of the appellant Ramjilal 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.25,500/- by way of additional enhanced compensation from the date of appeal i.e. 30.3.2000, 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.