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2011 DIGILAW 2641 (RAJ)

Rameshwar v. Natthu

2011-12-01

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by the injured-appellant dissatisfied with the quantum of compensation that was awarded by the Motor Accident Claims Tribunal, Kotputli, District Jaipur vide award dated 21/1/2004 to the tune of Rs.50,000/-. 2. Contention of the learned counsel for the appellant is that for the permanent disability of 15%, learned Tribunal awarded only a sum of Rs.25,000/-, whereas appellant was a Massion and permanent disability of 15% has been found proved by the Tribunal. Learned counsel argued that wages for a skilled labour in the year 2001 were used to be Rs.100/- per day and therefore on the basis of 15% disability, the compensation on the head of 'loss of income' should have been much more than what has been awarded. 3. Learned counsel for the insurance company opposed the appeal and argued that notified minimum wages for the skilled labour in the year 2001 were not more than Rs.70/- per day. 4. Having regard to the facts aforesaid, the appeal succeeds and it is assumed that appellant would have been earning Rs.80/- per day. Multiplier of 13 is taken as per the age of appellant 50 years in view of the judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & Another : (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC). 5. In the result, the appeal is allowed. The award of the Motor Accident Claims Tribunal, Kotputli, District Jaipur vide award dated 21.1.2004 is modified and the award amount of Rs.50,000/- is enhanced to Rs.1,06,160/- in the following terms:- (a) 80x30 = 2400x12x13x15% = Rs.56,160/-. (b) The amount of Rs.25,000/- awarded under all other non-pecuniary heads i.e. Rs.5,000/- for medical expenses, Rs.5,000/- for nutritious diet, Rs.10,000/- for pain and suffering and Rs.5,000/- for transportation charges is enhanced to Rs.50,000/-. (c) The amount comes to 56,160 + 50,000 = Rs.1,06,160/- (d) Appellant is held entitled to receive interest @7.5% on the enhanced amount of compensation of Rs.56,160/- (1,06,160-50,000) from the date of filing claim petition. (e) Record be transmitted back to the Tribunal forthwith.