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Rajasthan High Court · body

2012 DIGILAW 589 (RAJ)

Heera Lal v. Hemraj

2012-03-05

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the award dated 16th August, 2011, whereby the Motor Accident Claims Tribunal, Jaipur District, Jaipur (here-in-after to be referred as the 'Tribunal'), decreed an amount of Rs. 11.01,635/-, in favour of the appellant and against the respondents. Being dissatisfied and aggrieved with the said amount, the appellant has beseeched to enhance the quantum of compensation. 2. Learned counsel for the appellant has impugned the award only on the ground that the appellant Heera lal lost the job on account of his left hand being amputated. He was working in Railways on the post of Cabin Man. His monthly salary was Rs. 12,869/-, but the Tribunal deducted the amount of pension from the salary and further considered only 80% permanent disability for the purpose of computing the amount towards the loss of his future income. Learned counsel canvassed that firstly, the Tribunal deducted the amount of his pension, from the total salary and thereafter, considered only 80% permanent disability, whereas, the Tribunal ought to have considered 100% permanent disability keeping in view the nature of his injury and further, the fact that he lost his employment. Hence, the award passed by the Tribunal is not just and the same needs to be enhanced and thus, the appeal deserves to be allowed. 3. Having reflected over the submissions made by the learned counsel for the appellant and from a bare perusal of the impugned award, it is revealed that the Tribunal is found to have rightly reduced the amount of pension from his monthly salary, as the amount of pension to the tune of Rs. 5,472/- was being received continuously by the claimant, subject to the increase in Dearness Allowances as per rules. If there is any increase in Dearness Allowances, in future, that shall also be permissible to the appellant. 4. So far as the question of degree of permanent disability is concerned, the Medical Board is found to have declared only 80% permanent disability in the limb, as his left hand was amputated because of the said accident. The Tribunal computed the loss of future earnings only to the extent of 80% in proportion to the degree of permanent disability having sustained in his hand. In fact, this is the permanent disability in the left hand of the injured. The Tribunal computed the loss of future earnings only to the extent of 80% in proportion to the degree of permanent disability having sustained in his hand. In fact, this is the permanent disability in the left hand of the injured. The appellant has failed to prove that on account of 80%permanent disability, he has suffered 100%loss of future earnings. The appellant cannot prove the same as he has already been getting pension, which comes to about 40$ of his income. The Tribunal is found to have computed the loss of future earnings considering the total salary of Rs. 12,869/- minus the amount of pension which is Rs. 5,472/-. In fact, for the correct computation of the loss of future earnings, the amount of total award ought to have been less than Rs. 9,23,208/-. Had the Tribunal correctly applied the principles of law, the amount of compensation would have undeniably and undisputably come to much less than Rs. 9,23,208/- the amount which has already been awarded by the Tribunal towards the loss of future earnings. 5. However, keeping in view the fact that the appellant has already lost his employment and he has been given retirement by the Railways, I do not deem just and proper to reduce the said amount. Be that as it may, the grounds on the basis of which, the appeal is found to have been filed by the appellant are totally vexatious and irrelevant and I do not find any ground on record, which may lead this Court to enhance the quantum of compensation and the appeal, thus, being bereft of any merit deserves to be dismissed at the threshold. 6. For the reasons stated above, the appeal fails and the same being bereft of any merit stands dismissed in limine.