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2012 DIGILAW 1351 (RAJ)

Ram Gopal @ Gopal v. Narendra Kumar Cheepa

2012-05-22

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred by the claimant appellant seeking enhancement of compensation of Rs.83,900/- that was awarded by the Motor Accident Claims Tribunal, Jaipur City, Jaipur vide award dated 2/9/2009 for the injuries sustained by appellant Ramgopal alias Gopal in a road accident involving the vehicle insured with respondent No.3-National Insurance Co.Ltd. 2. The only argument raised by the learned counsel for the appellant in assailing the award of the Tribunal is that the learned Tribunal has erred in law while assessing 5% permanent disability against 16.09%, which was proved by him by submitting the permanent disability certificate of medical board of a government hospital certifying that disability. A sufficient sum under the head of 'permanent disability' may therefore be awarded to him. 3. Learned counsel for the respondent insurance company has opposed the appeal and submitted that a sufficient sum has been awarded to the appellant. 4. Upon hearing learned counsel for the parties and perusing the impugned award, I find that the learned Tribunal though awarded sufficient sum under all other non-pecuniary heads but wrongly accepted permanent disability to the extent of 5%, whereas appellant proved from the documentary evidence, the permanent disability of 16.09% i.e. permanent disability certificate having been issued by a government hospital. 5. In the result, the appeal is partly allowed. The award of the Motor Accident Claims Tribunal, Jaipur City, Jaipur dated 2/9/2009 is modified to the extent of enhancing the award sum by Rs.10,000/-. The original award of Rs.83,900/- is thus enhanced to Rs.93,900/-, which the appellant shall liable to receive along with interest @6% p.a. as per original award of the Tribunal.