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2012 DIGILAW 1325 (RAJ)

Ashok Singh Rawat v. Kalu Ram

2012-05-19

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Claimants have preferred this appeal dissatisfied with quantum of compensation of Rs.40,795/- awarded by learned Additional District & Sessions Judge (Fast Track) No.4, Ajmer, vide its award dated 20.02.2007 in MAC Case No.484/2006 (116/2006) in an injury case. 2. Learned counsel for appellant has pressed only two grounds; one is that learned Tribunal did not award any compensation under the head of medical expenses. From injury report (Exhibits-10 and 11) it is clear that the claimant sustained ten simple injuries and one grievous injury. He sustained 3% permanent disability on account of those injuries. He produced on record the medical bills as Exhibit-14 to Exhibit-24. Learned Tribunal did award any compensation against those medical expenses only on the ground that he did not produce doctor slip on record. His second contention is that learned Tribunal did not award any compensation for loss of income. The appellant remained under treatment of the doctor for a considerable period. He remained bedridden for three-four days and during his period he suffered loss of earning. It is therefore prayed that the appeal may be allowed and the compensation may be suitably enhanced. 3. Learned counsel for respondent insurance company has opposed the appeal and supported the award passed by learned Tribunal. 4. On hearing learned counsel for appellant as well as learned counsel for respondents and perusing the material on record, I am of the view that learned Tribunal erred in not awarding any compensation under the head of medical expenses only because he did not produce doctor's slip on record. The appellant had produced on record before learned Tribunal the medical bills from Exhibit-14 to Exhibit-20, which, as per learned counsel, are amounting to Rs.20,000/-. Production of doctor's slip is not necessary and award for medical expenses can be passed only on availability of medical bills on record. Therefore, ends of justice would meet in case the appellant is awarded Rs.20,000/- for medical expenses, apart from the amount of Rs.795/- awarded by learned Tribunal relying on Exhibits 21 to Exhibit-24. 5. Learned Tribunal has also erred in not awarding any compensation for loss of income. Admittedly the appellant remained under treatment for a considerable period. Appellant is Advocate by profession. He was bedridden for three-four days and certainly there must be loss of earning for that period. 5. Learned Tribunal has also erred in not awarding any compensation for loss of income. Admittedly the appellant remained under treatment for a considerable period. Appellant is Advocate by profession. He was bedridden for three-four days and certainly there must be loss of earning for that period. Therefore, ends of justice would meet in case the appellant is awarded Rs.5,000/- for loss of income. Ordered accordingly. 6. Apart from what has been awarded by learned Tribunal, the appellant is also awarded Rs.20,000/- for medical expenses and Rs.5,000/- for loss of income. The learned Tribunal has awarded compensation of Rs.40,795/- to appellant under various heads i.e. Rs.10,000/- for ten simple injuries, Rs.5,000/- for one grievous injury, Rs.795/- for medical expenses and Rs.25,000/- for physical pain and mental agony and permanent disability. The compensation is enhanced from Rs.40,795/- to Rs.65,795/-. 7. Claimant-appellants are thus entitled to receive compensation of Rs.65,795/- (40795+20000+5000) instead of Rs.40,795/-. The appellants 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.