Shivraj Singh v. Rajasthan State Road transport Corporation
2012-05-23
MOHAMMAD RAFIQ
body2012
DigiLaw.ai
RAFIQ, J.—On last two dates i.e. 25.04.2012 and 17.05.2012 no one has appeared for appellants and today also the position is same. 2. Claimant has preferred this appeal dissatisfied with quantum of compensation awarded by learned Motor Accident Claims Tribunal, Jaipur District, Jaipur, in MAC No.812/1992 vide its award dated 12.08.1996, whereby learned Tribunal awarded lump-sum compensation of Rs.15,000/- for injuries sustained by him in a road accident took place on 24.08.1986. It is prayed that the compensation may suitably be enhanced. 3. Claimant sustained fracture of both hands and also injuries on face and other parts of body. According to the evidence, he was subjected to surgery and iron-plates were inserted in the hands. He remained hospitalized from 24.08.1986 to 03.10.1986. Learned Tribunal has awarded Rs.15,000/- as lump sum compensation, which also includes Rs.2,200/- for actual medical expenses. 4. Learned counsel for respondent opposed the appeal and submitted that sufficient amount has already been awarded by learned Tribunal to claimant. It was argued that permanent disability has not been proved. No medical officer has been examined. 5. On hearing learned counsel for respondent and perusing the impugned award, I find that even though permanent disability certificate has not been proved but nevertheless this was proved that claimant sustained fracture of both his hands and was subjected to surgery and remained hospitalized for more than a month and that he was hockey player and now with the disability sustained by him he would not be able to play a game and at relevant point of time, he was merely 24 years of age, it is deemed appropriate to enhance the award by Rs.5,000/- and further a sum of Rs.5,000/- is awarded on the head of pain and suffering. Thus, a total sum of Rs.10,000/- is enhanced. Appellant shall be also entitled to interest at the rate of 6% per annum from the date of filing the claim petition. With that direction, the appeal is allowed in part. A copy of this order be sent to appellant for information.