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Rajasthan High Court · body

2011 DIGILAW 2515 (RAJ)

Rajesh v. Karm Singh

2011-11-21

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by the appellant dissatisfied with the quantum of compensation with the prayer to enhance the same. Motor Accident Claims Tribunal, Sambharlake, Jaipur awarded Rs.10,000/- towards physical pain & mental agony and Rs.1,000/- for treatment. In all, Rs.11,000/- was awarded as compensation vide award dated 31.8.2001. 2. Contention of the learned counsel for the appellant is that claimants were residents of State of Maharashtra. They could not effectively adduce the evidence but the injury report and x-ray report that were filed proved that claimant-appellant sustained hip bone fracture of his right leg. Learned Tribunal has thus awarded a meager amount of compensation, which should suitably be enhanced. 3. Learned counsel for the respondents has opposed the appeal and submitted that appellant failed to produce the hospital record and other relevant record. 4. Having heard learned counsel for the parties and perused the material available on record, I find that for the kind of injury sustained by the appellant, award of Rs.10,000/- under the head of pain and suffering should be slightly enhanced and it should be enhanced to Rs.13,000/-. Similarly, Rs.1,000/- awarded under the head of treatment should be enhanced to Rs.2,000/-. 5. In the result, the appeal is allowed. The amount of compensation of Rs.11,000/- is enhanced to Rs.16,000/- (3,000 + 2000 = 5,000). The appellant is entitled to receive interest @7.5% on the enhanced amount of compensation of Rs.5,000/- (16,000-11,000) from the date of filing claim petition till actual payment is made.