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2012 DIGILAW 1243 (RAJ)

Harimohan v. Hanuman Singh

2012-05-11

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been filed by the claimant against the award of the Motor Accident Claims Tribunal, Sawaimadho-pur dated 29.5.2008 for enhancement of amount of compensation. 2. Counsel for the appellant has argued that petitioner even though sustained three injuries; injury no.3 was simple in nature, but injury no.1 resulted in fracture of tibia and fibula bone of right leg and injury no.2 resulted in fracture of radius and ulna bones of right hand. Thus there were four fractures. The Tribunal has cumulatively awarded a sum of Rs.29,500 lump sum for future loss of income, pain and suffering etc., however, did not award any amount under the head pain and suffering separately and nor for each of aforesaid fractures. The Tribunal has awarded Rs.400 for hospitalisation of two days and Rs.4,176/- for medical expenses. 3. Shri R.S. Bhati, learned counsel for the respondent opposed the appeal and submitted that if the monthly income of the injured is accepted to be Rs.2,000 on 31.10.2005 as per the evidence, his loss of future income in view of fact that he sustained only 3% permanent disability would hardly come to Rs.13,000 by applying the multiplier of 18, therefore, the Tribunal has already awarded Rs.16,500 more. 4. Taking overall view of the matter, I find that apart from Rs.29,500, the appellant should have been awarded Rs.5,000 for each fractures and additionally a sum of Rs.3,000 for pain and suffering. Thus the amount of compensation is enhanced by Rs.23,000 (20000+3000). The amount of Rs.400 for hospitalisation and Rs.4,176 for actual medical expenses is maintained. The amount of compensation is thus enhanced from Rs.34,076 to Rs.57076. 5. The appellant shall also be entitled to interest @ 7.5% on the enhanced amount of compensation from the date of filing of the claim petition. The appeal is accordingly allowed in part.