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Rajasthan High Court · body

2018 DIGILAW 1149 (RAJ)

Mangilal Tanwar v. Vijendra Kumar Jat

2018-05-03

SABINA

body2018
JUDGMENT : SABINA, J. 1. Appellant has filed this appeal, challenging the award dated 21.03.2017 passed by the Motor Accident Claim Tribunal, seeking enhancement of compensation. 2. Learned counsel for the appellant has submitted that his prayer is to the limited extent that, although, Tribunal has granted Rs. 3,42,720/- by way of compensation vis-à-vis 51% permanent disability suffered by the appellant, however, appellant has not been granted compensation towards loss of income for future prospects. Appellant was entitled to receive an addition of 25% of the amount of Rs. 3,42,720/- towards his loss of income for future prospects of the appellant. 3. Learned counsel for the respondent No. 3 has opposed the appeal. 4. In the present case, appellant had filed the claim petition seeking compensation on account of injuries suffered by him in the motor vehicle accident, which had occurred on 18.07.2014. Appellant had suffered permanent disability to the extent of 51%. Tribunal while accepting the said fact has granted compensation to the tune of Rs. 3,42,720/- vis-à-vis permanent disability suffered by the appellant. Thereafter, the Tribunal has also granted compensation to the appellant under other heads. However, so far as loss of income of the appellant in future is concerned, he has not been granted any compensation by the Tribunal vis-à-vis permanent disability suffered by him. Appellant was aged about 45 years at the time of the accident. Hence, the appellant was entitled to receive an addition of 25% towards loss of income in future. Thus, the appellant is also entitled to receive an addition of Rs. 85,680/- (Rs. 3,42,720 X 25%). 5. Accordingly, this appeal is allowed. Impugned award dated 21.03.2017 is modified to the extent that the appellant is entitled to receive Rs. 85,680/- in addition to the compensation amount already granted by the Tribunal. Remaining terms and conditions of the award shall remain unchanged. It is further ordered that the enhanced amount of compensation shall be kept in Monthly Income Scheme of the Post Office initially for a period of five years and the interest accrued on the deposit shall be paid to the appellant on monthly basis. Secretary, District Legal Services Authority, Jhalawar in the interest of the appellant shall keep the amount in the Monthly Income Scheme and shall open account of the appellant. Secretary, District Legal Services Authority, Jhalawar in the interest of the appellant shall keep the amount in the Monthly Income Scheme and shall open account of the appellant. He shall further apprise the appellant with regard to the enhanced amount of compensation and the fact that the amount shall be kept in Monthly Income Scheme in the Indian Post Office for his benefit.