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2011 DIGILAW 2166 (RAJ)

Pooja Agrawal v. Rudmal Raigar

2011-10-12

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Vide impugned award dated 12.11.2010 learned Motor Accident Claims Tribunal & Additional District Judge Fast Track No.7, Jaipur City, Jaipur, has awarded total compensation of Rs.39,700/- with 6% per annum interest thereon, in favour of claimant-appellant, who was a school going girl, in MAC Case No.598/2005 (945/2004), for the injuries sustained by her in a motor accident took place on 02.01.2004. The appellant claimed a total compensation of Rs.6,35,000/-. Being aggrieved thereby, claimant-appellant has filed this appeal. 2. Learned counsel for appellant contended that at the time of accident appellant was 12 years of age. She sustained fracture in her right femur shaft and suffered several injuries on her person. She remained hospitalized from 19.12.2003 to 23.12.2003. She has undergone an operation of her right femur shaft and a steel rod was also inserted in her leg. She remained under treatment for about six months. On account of the injuries, she feels difficulty in doing her daily routine work. She suffered 15.74% permanent disability. Looking to age of and permanent disability suffered by the appellant, the amount of compensation awarded by the learned Tribunal is towards lower side. 3. The medical board has opined that the appellant has suffered 15.74% permanent disability but the learned Tribunal did not believe it on the basis that certificate was obtained on 21.05.2007 i.e. three and a half year after the accident and, no doubt, appellant did not remain under treatment in Jaipuria Hospital. Medical Board has not recorded that it has examined the X-ray report of the appellant. The medical board has assessed the permanent disability on the basis of injury report, x-ray report and discharge ticket, meaning thereby the medical board consisting of three members did not diagnosis the appellant at the time of issue of that certificate as no x-ray was obtained nor it physically examined the appellant. The learned Tribunal considering the fact that the appellant remained hospitalized from 19.12.2003 to 23.12.2003 and was advised to take rest for one month. The appellant suffered a fracture in her right femur shaft. Learned Tribunal has awarded Rs.12000/- under the head of loss of income taking her monthly income at minimum of Rs.3000/- for a period of four months during which she remained under treatment. Learned Tribunal further awarded Rs.10,000/- for physical pain and mental agony suffered by her. The appellant suffered a fracture in her right femur shaft. Learned Tribunal has awarded Rs.12000/- under the head of loss of income taking her monthly income at minimum of Rs.3000/- for a period of four months during which she remained under treatment. Learned Tribunal further awarded Rs.10,000/- for physical pain and mental agony suffered by her. It has also awarded Rs.2000/- under the head of nutritious food at the rate of Rs.500/- per month, Rs.2000/- under the head of medical attendant at the rate of Rs.500/- per month, and Rs.2000/- under the head of conveyance. The learned Tribunal has awarded Rs.11,661/- under the head of expenses incurred on medicines. Thus a total compensation of Rs.39,700/- with 6% interest, has been awarded by the Tribunal. 4. Looking to all the facts and circumstances of the case, in my considered view, the ends of justice would meet in case the compensation of Rs.39,700/- is enhanced to Rs.50,000/-. 5. The appeal is partly allowed. The total amount of compensation of Rs.39,700/- awarded by the learned Tribunal under all heads, is enhanced to Rs.50,000/-. The appellant shall also be entitled to receive interest on the enhanced amount of compensation at the rate of 6% per annum from the date of filing of claim petition till the actual payment thereof.