Rajasthan State Road Transport Corporation v. Bhanwarlal
2012-05-18
MOHAMMAD RAFIQ
body2012
DigiLaw.ai
RAFIQ, J.—Non-claimant Rajasthan State Road Transport Corporation has preferred this appeal aggrieved by award dated 29.2.2012 of learned Motor Accident Claims Tribunal, Tonk, in MAC Case No.484/2010, whereby learned Tribunal awarded compensation of Rs.1,64,093/- for injuries sustained by claimant in a road accident on 22.11.2008. 2. Learned counsel for appellant has argued that learned Tribunal has illegally and without application of mind, awarded compensation of Rs.1,08,000/- under the head of loss of income on account of permanent disability sustained by claimant. According to appellant, in the certificate, permanent disability was indicated to be 20% in the words and 22% in figure. However, Dr. Udaikaran Adha (AW-2), medical officer, in his statement, has stated that actually it was 22% and 20% was an error in writing. The said medical officer stated that injured sustained fracture of tibia bone of left leg and femur bone of right leg and, according to X-ray report (Exhibit-5), fracture of only femur bone was proved. Learned counsel, therefore, argued that this disability should have been proportionately reduced in terms of whole body rather than accepting the same as 20%. Learned counsel submitted that on other heads also excessive amount has been awarded. 3. On hearing learned counsel for appellant and perusing the material on record, I find that permanent disability certificate (Exhibit-10) indicated 20% in words and 22% in figure, but learned Tribunal has accepted only 20% and that was because AW-2 Dr. Udaikaran Adha, in his statement proved that certificate was issued after assessing disability of the claimant. There was some dispute whether there was fracture of both tibia bone of left leg and femur bone of right leg, but nevertheless if disability is found to be 20%, entertaining appeal on that reason alone may result in slight reduction in the quantum of compensation. So far as other heads are concerned, learned Tribunal has rightly awarded compensation of Rs.8,000/- for pain and suffering, Rs.8,400/- for engagement of attendant during hospitalization till recovery, Rs.6,000/- for loss of income during his hospitalization, Rs.32,593/- towards actual medical expenses and Rs.1,100/- for litigation expenses. The award is not therefore considered so excessive so as to warrant interference by this court. 4. The appeal is therefore dismissed. 5. Consequent upon dismissal of appeal itself, stay application, filed therewith, does not survive and same is also dismissed.