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Rajasthan High Court · body

2011 DIGILAW 2516 (RAJ)

Durga Devi Ramesh Chandra 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.20,000/- towards physical pain & mental agony and Rs.2,000/- for treatment. In all, Rs.22,000/- 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 claimants received as many as four fractures. Merely because hospital record was not produced and disability certificate was not filed, that does not mean that gravity of injuries cannot be sustained by the claimants. Learned Tribunal has merely awarded a sum of Rs.20,000/- cumulatively for suffering of physical pain and mental agony and Rs.2,000/- for treatment. 3. Learned counsel for the respondents has opposed the appeal and submitted that appellant neither produced the disability certificate nor could she file any hospital record nor any other record. 4. Having heard learned counsel for the parties and perused the material available on record, I find that if there were four fractures, award of Rs.20,000/- under the head of pain and suffering may not be justified. As it is, for each of grievous injuries, Rs.5,000/- i.e. Rs.20,000/- should have been awarded. Additionally, Rs.3,000/- should have been awarded for three injuries. Rs.10,000/- should have been awarded for pain and suffering. Given the kind of number of injuries, award of Rs.2,000/- should have enhanced to Rs.5,000/-. 5. In the result, the appeal is allowed. The amount of compensation of Rs.22,000/- is enhanced to Rs.38,000/- (20,000 + 3,000 + 10,000 + 5,000 = 38,000). The appellant is entitled to receive interest @7.5% on the enhanced amount of compensation of Rs.16,000/- from the date of filing claim petition till actual payment is made.