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2016 DIGILAW 322 (RAJ)

Ram Swaroop Saini v. Baldeva Ram

2016-02-25

KANWALJIT SINGH AHLUWALIA

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JUDGMENT : Kanwaljit Singh Ahluwalia, J. The present appeal has been filed by the injured. It was pleaded in the claim petition that on 30.5.2002, the appellant Ram Swaroop Saini was driving motorcycle bearing Registration No.AP-9-245, for going to his village Losal. On the Sikar Khud Road, near Khud Petrol Pump, a Jeep bearing Registration No.RJ14 3C 2546, came from the opposite side. The driver of the Jeep was driving the vehicle in a rash and negligent manner. The said Jeep had hit the motorcycle. Resultantly, Ram Swaroop Saini received simple and grievous injuries. 2. The Tribunal while decided the claim petition, noted that the appellant received injury on the right ankle as a result thereof, fracture was caused and his right foot was crushed and two fingers of the right foot were amputated. Having said so, the Tribunal relied upon the disability certificate (Exhibit-105) and awarded Rs.22,500/- under the head of permanent disability. For amputation of two fingers of the foot, the Tribunal awarded Rs.10,000/-. The Tribunal also awarded Rs.15,494/- towards medical expenses. Rs.1,400/- were awarded towards diet and Rs.15,000/- were awarded under the head of transportation. 3. Ram Swaroop Saini, was aged 21 years and was unmarried. The learned counsel for the appellant has submitted that marriage 2/3 prospects of the appellant had diminished due to disability suffered by him to the extent of 15%. The appellant also remained admitted in the hospital for fifteen days. It is also stated that the appellant was operated twice. 4. After hearing the learned counsel for the parties, this Court is of the view that for amputation of two fingers of foot, the appellant is entitled to receive Rs.50,000/-. Thus, the amount of Rs.22,500/- awarded by the Tribunal for amputation of two fingers of right foot is enhanced to Rs.50,000/-. 5. For fracture of ankle, the appellant is held entitled to receive Rs.15,000/-. Since the appellant was operated twice, a lump-sum amount of Rs.30,000/- towards operation, pain and agony is also required to be paid to the appellant. Thus, the amount awarded by the Tribunal is required to be re-assessed as under:- S. No. Heads Calculation (i) For amputation of two fingers of foot Rs. 50,000/- (ii) For fracture of ankle Rs. 15,000/- (iii) For two operations Rs. 30,000/- (iv) Medical expenses Rs. 15,494/- (v) Special diet and nutrition Rs.10,000/- (vi) Transportation charges Rs.15,000/- Total Compensation awarded Rs. 1,35,494/- 6. 50,000/- (ii) For fracture of ankle Rs. 15,000/- (iii) For two operations Rs. 30,000/- (iv) Medical expenses Rs. 15,494/- (v) Special diet and nutrition Rs.10,000/- (vi) Transportation charges Rs.15,000/- Total Compensation awarded Rs. 1,35,494/- 6. Thus, the amount of Rs. 64,394/- awarded by the learned Tribunal is enhanced to Rs. 1,35,494/- in above terms. The said amount will carry interest @ 6% per annum from the date of filing of the petition till realization. Above this cost of litigation Rs.500/- awarded by the Tribunal is also upheld. 7. It is hereby, ordered that the enhanced amount shall be kept in the Monthly Income Scheme in the post office initially for a lock-up period of three years and the interest accrued upon the deposit shall be 3/3 paid to the claimant proportionately on monthly basis. 8. The trial court in the best interest of the claimant, shall keep the amount in the Monthly Income Scheme with the Indian Post Office and shall open separate account in the name of claimant. 9. However, a further direction is hereby, issued to the Secretary, District Legal Services Authority, Sikar to acquaint the claimant regarding the amount, which has accrued to them by way of enhancement and the fact that the amount shall be kept in Monthly Income Scheme in the Indian Post Office for the benefit of the claimant. 10. The above direction regarding deposit in Monthly Income Scheme with Indian Post Office has been issued as it has been brought to the notice of this Court, that go between or relations fritter away with the amount awarded as compensation, on the ground that money has been spent towards litigation expenses. 11. With the above modification in the award passed by the Motor Accident Claims Tribunal, Sikar, present appeal stands disposed of.