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Rajasthan High Court · body

2012 DIGILAW 1276 (RAJ)

Rama v. Mohan

2012-05-15

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Injured-claimant has filed this appeal for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Dausa, vide its award dated 31.08.2004 in MAC Case No.256/2004, by which it has awarded compensation of Rs.58,140/-. 2. Contention of learned counsel for appellant is that claimant-appellant sustained injuries in an accident took place on 31.8.1996 on account of rash and negligent driving of driver-respondent No.1. At the time of accident, appellant was 22 years of age. She was engaged in agriculture work and also doing work of animal husbandry. Her monthly income was Rs.4000/-. Due to injuries, she suffered 10.7% permanent disability. Learned Tribunal has failed to consider the material on record and has not awarded suitable compensation. It is therefore prayed that appeal be allowed and compensation be suitably enhanced. 3. Learned counsel for respondent opposed the appeal and submitted that learned Tribunal has awarded reasonable amount of compensation and its findings are based on the evidence, oral as well as documentary, available on record. 4. Learned Tribunal recorded that there is no documentary evidence to prove monthly income of injured to be Rs.4000/-. Appellant also failed to produce on record any document to show any agriculture land in her name. Learned Tribunal accepted her income at Rs.2,160/- per month and on account of the injuries, she could not perform the work for about four months and therefore awarded compensation of Rs.8,640/- for loss of income for this period. On other heads learned Tribunal awarded compensation of Rs.33,000/-. In addition thereto, learned Tribunal also awarded Rs.15,500/- for treatment and Rs.1,000/- for transportation. Thus, a sum of Rs.58,140/- has been awarded as total compensation to appellant. 5. 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.58,140/- awarded by learned Tribunal is enhanced to Rs.70,000/- on all the heads. Ordered accordingly. 6. Claimant-appellant is thus entitled to receive compensation of Rs.70,000/- instead of Rs.58,140/-. 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.