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Rajasthan High Court · body

2012 DIGILAW 926 (RAJ)

Dinesh Kumar Sharma v. Rohit Kumar Bang

2012-04-12

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Claimant has preferred this appeal for enhancement of compensation of Rs.80,250/- awarded in injury case, by learned Motor Accident Claims Tribunal & Rajasthan State Cooperative Tribunal, Jaipur, vide its award dated 16.09.2002 in MAC Case No.170/1996. 2. Ground raised in appeal is that accident took place on 04.09.1995 due to rash and negligent driving of driver of offending vehicle, which resulted in fracture of tibia and fibula bones of left leg of appellant and thereby he suffered 10% permanent disability. Appellant suffered polio in his right leg and on account of fracture of his left leg, he would suffer much physically and mentally. Appellant has become dependent on others for rest of life. In comparison to his expenses on treatment, learned Tribunal has awarded a petty compensation. Learned Tribunal has not awarded any compensation for his future treatment. Hence, prayed for enhancement of compensation. 3. Learned counsel for respondents opposed the appeal and supported the impugned award. 4. Learned Tribunal has recorded a finding on the basis of oral as well as documentary evidence that accident took place on account of rash and negligent driving of offending vehicle and appellant sustained injures therein. It has awarded a sum of Rs.25,000/- as compensation for injuries sustained by appellant. Compensation of Rs.25,000/- has also been awarded to appellant for his inconvenience which he would suffer in future on account of 10% permanent disability. Appellant availed 98 privilege leaves and 2 leaves without pay and learned Tribunal has awarded compensation of Rs.10,250/- equal to pay of 100 days. Compensation of Rs.5000/- has been awarded for nutritious diet and Rs.15000/- have been awarded for future transportation and treatment. 5. Having regard to facts of this case, I find that learned Tribunal even though has awarded total compensation of Rs.80,250/- under different heads, but it has not awarded any compensation on the head of attendant and, therefore, in my view, ends of justice would be met in case the compensation is enhanced to Rs.1,00,000/-. The appellant is held entitled to receive compensation of Rs.1,00,000/- instead of Rs.80,250/- as awarded by Tribunal. He shall also be entitled to receive interest at the rate of 7.5% per annum on enhanced amount of compensation from the date of filing of the claim petition till its realization. 6. The appeal is accordingly disposed of. 7. A copy of this order be endorsed to claimant-appellant for information.