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2012 DIGILAW 386 (RAJ)

Vinod Kumar v. Mahendra Singh

2012-02-09

NISHA GUPTA

body2012
GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 31.10.2001 passed in MAC No. 184/1999. 2. The brief facts of the case as per the claim petition are that on 6.4.1999, at 7.30 p.m., when the claimant-appellant was going on foot to his home from Bonli Bus Stand, respondent No.1 hit him while driving the Truck No. RSQ 3892 with rash and negligent manner and the present claimant-appellant sustained various injuries including compound fractures of femur bone of thigh and left leg. 3. Heard learned counsel for the appellant and perused the record, specially the impugned judgment and award. 4. The contention of the present appellants is that he remained under treatment for a long time for about 17 months and he has suffered a loss of income but nothing has been assessed by he learned Tribunal and only Rs.30,000/- have been awarded for permanent disability, which is of gross nature of 20%. A meager amount has been awarded for pain and suffering and hence the compensation should be enhanced proportionately. It has also been stated that looking to he income and proportion of injury, compensation should be calculated on multiplier basis. 5. The impugned award goes to show that for 20% disability, Rs. 24,000/- have been awarded and for pain and sufferings and hospitalization, further Rs. 13,000/- have been awarded and medical bill have also been ordered to be reimbursed. 6. The scientific method of calculating the amount of compensation is no doubt multiplier basis. In the present case, the claimant could not prove his income and hence his income should be taken on notional basis, i.e. Rs. 15,000/- per annum and looking to the age, which was 12 years at the time of death, multiplier of 15 will be appropriate. 7. Hence, the amount for disability comes to Rs. 15,000 x 15 = Rs. 2,25,000/- x 205 = Rs. 45,000/-, out of which Rs. 24,000/- have been awarded. Hence, the compensation is enhanced under this head by Rs. 21,000/-. Other compensation awarded under different heads will remain same. 8. In the result, the appeal succeeds and is allowed. The amount of compensation is awarded by Rs. 21,000/- along with interest @ 7½% per annum on the enhanced amount from the date of filing of appeal till the actual payment is made.