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Rajasthan High Court · body

2011 DIGILAW 2448 (RAJ)

Harbagh Singh v. Shivdutt

2011-11-15

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been preferred by the claimant-appellant dissatisfied with the award of the learned Motor Accident Claims Tribunal, Jaipur dated 12.3.2001, which has awarded Rs.1,03,000/- as compensation. 2. Contention of the learned counsel for the appellant is that the learned Tribunal erred in law while awarding meager amount of compensation against his permanent disability of 38.69%; in that, his four upper teaths were broken, due to which, he sustained 12% disability and there was fracture of left leg due to which, he sustained 19% permanent disability in left lower limb and his leg was shortened by ½". He sustained 15% disability due to fracture in his mandible and thus there was total permanent disability of 38.69% but the learned Tribunal has awarded a lump sum of Rs.38,000/-. He is in military service and due to shortening of his leg by ½", he has become unable to live a active life throughout his life. He has difficulty in sitting squatting and climbing the steps. Learned Tribunal was not justified in not granting compensation on the structured formula and at the age of 29 years, multiplier of 18 should have been applied. 3. None has appeared for the respondents. Therefore the appeal is being decided on the basis of the submissions raised by the counsel for the appellant and award passed by the Tribunal. 4. Upon hearing learned counsel for the appellant and perusing the award, I find that the Tribunal has not computed the compensation on consideration of the fact that appellant was serving the Indian army and that he was receiving salary and increments. He was even earning sanctioned leave for the period when he was under treatment. Tribunal has awarded Rs.10,000/- for nutritious diet, Rs.40,000/- for pain and suffering and Rs.15,000/- for three grievous injuries. Tribunal has awarded Rs.38,000/- for the permanent disability of 38.69%. Award of Rs.38,000/- against the disability of 38.69% cannot be said to be a justified amount of compensation but at the same time there are two factors, which have to be kept in view. First is that the appellant was awarded compensation for the disability of lower limb for 19% only, 12% disability for disfiguration due to breaking of four upper teaths and 15% for fracture of mandible. Secondly, appellant would have continued to serve the Indian Army. 5. First is that the appellant was awarded compensation for the disability of lower limb for 19% only, 12% disability for disfiguration due to breaking of four upper teaths and 15% for fracture of mandible. Secondly, appellant would have continued to serve the Indian Army. 5. Keeping in view these factors, award amount of Rs.38,000/- awarded by the Tribunal under the head of permanent disability is enhanced to Rs.88,000/-. Rest award however on all other non-pecuniary heads is maintained. Appellant is entitled to receive enhanced amount of compensation of Rs.50,000/- together with interest @7.5% from the date of filing claim petition. 6. The appeal is thus allowed in part. Record be transmitted back to the Tribunal forthwith.