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2012 DIGILAW 1029 (RAJ)

Jamuna Singh v. Nathu Singh

2012-04-23

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Injured-claimant has filed this appeal for enhancement of compensation awarded by learned Motor Accident Claims Tribunal-II (Additional District Judge No.2), Ajmer in MAC Case No.33/1993, by which it has awarded compensation of Rs.1,00,000/-. 2. Contention of learned counsel for appellant is that it was proved by unrebutted evidence that claimant sustained serious injuries, especially fractures in all bones of her right hand. She was subjected to operation for four times in about one-and-a-half year i.e. on 13.06.1993, 23.06.1993, 21.07.1993 and 27.04.1994. Nothing was awarded to claimant for pains and sufferings. She remained under treatment continuously for a long time. She was a national player of football. She participated in 9-10 State Level and 8 National Level Football tournaments. She was selected for playing in International Competition but due to injuries sustained by her, she could not participate therein. She sustained 15.5% permanent disability. Her entire career has been ruined on account of disablement sustained in accident. There was every possibility of her securing government job under sports quota. 3. Learned counsel for respondents opposed the appeal and argued that many of things which are being alleged, have not been proved. Award of Rs.1,00,000/- is just and reasonable in view of value of rupee prevalent at relevant point of time. 4. On hearing learned counsel for the parties and perusing material on record, I am of the view that ends of justice would meet in case compensation of Rs.1,00,000/- awarded by learned Tribunal is considered for future loss of income and additionally she is held entitled to receive Rs.50,000/- for pains and sufferings on account of injuries sustained by her. 5. Claimant-appellant is thus entitled to receive compensation of Rs.1,50,000/- (100000+50000) instead of Rs.1,00,000/-. Appellant would be entitled to interest at the rate of 6% per annum on enhanced amount of compensation from date of filing of claim petition till actual payment thereof. Appeal accordingly stands partly allowed.