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Rajasthan High Court · body

2018 DIGILAW 2241 (RAJ)

Lokesh Chandra Sharma v. Raju Lal Meena

2018-12-04

PRAKASH GUPTA

body2018
JUDGMENT : Prakash Gupta, J. This appeal for enhancement of compensation is directed against the judgment and award dated 24.05.2018 passed by the Motor Accident Claims Tribunal No. 1, Jaipur Metropolitan, Jaipur (for short ‘the Tribunal’), whereby, the tribunal awarded a sum of Rs. 46,000/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition. 2. It is submitted by the learned counsel for the appellant that the tribunal erred in awarding lesser compensation. No compensation has been awarded towards loss of income. Admittedly, the appellant suffered 15.86% permanent disability, no amount has been awarded towards permanent disability suffered by the appellant. Learned tribunal erred in not applying the multiplier system while assessing the compensation. On the other hand, learned counsel for the respondents has opposed the appeal and supported the impugned judgment and award. 3. I have considered the rival submissions made by the learned counsel for the parties and have perused the material available on record. 4. The claim-petition was filed by the appellants praying for compensation on account of injuries sustained by Lokesh Chandra Sharma in the motor vehicle accident which occurred on 22.05.2015. 5. As per the permanent disability certificate (Ex.17), the appellant suffered permanent physical disability to the extent of 15.86%. For computation of compensation, the income of the appellant is liable to be taken as R. 5,122/- per month on the basis of minimum wages fixed by the State Government at the relevant time. As the age of the injured was 40 years at the time of accident, therefore, to work out the compensation vis-a-vis permanent disability suffered by the appellant, multiplier of 15 would be applied. In this way, the compensation comes to Rs. 1,46,223/- (5,122×12×15×15.86/100). The appellant produced medical bills (Ex.22) to the tune of Rs. 5,763/-. In this head, the total amount awarded by the tribunal was Rs. 6,000/-, which calls for no interference. Considering the age, nature of work and injuries suffered by him, the claimant would be further entitled to receive Rs. 10,000/- towards pain and sufferings and loss of amenities of life etc. Thus, the total amount of compensation comes to Rs. 1,62,223/- (1,46,223+6,000+10,000). 6. Accordingly, this appeal is partly allowed. Impugned award dated 24.05.2018 is modified to the extent that the compensation amount receivable by the claimants is Rs. 1,62,223/- instead of Rs. 46,000/- as awarded by the Tribunal. 10,000/- towards pain and sufferings and loss of amenities of life etc. Thus, the total amount of compensation comes to Rs. 1,62,223/- (1,46,223+6,000+10,000). 6. Accordingly, this appeal is partly allowed. Impugned award dated 24.05.2018 is modified to the extent that the compensation amount receivable by the claimants is Rs. 1,62,223/- instead of Rs. 46,000/- as awarded by the Tribunal. Remaining terms and conditions of the award shall be the same. The Insurance Company shall deposit the enhanced amount along with the interest @ 7% per annum from the date of filing of the claim petition till date of payment with the Tribunal within a period of two months from today. It is ordered that the share of the enhanced amount of the compensation shall be invested in fixed deposit with a nationalised bank initially for a period of 2 years and the interest accrued thereon shall be paid to the claimants on monthly basis.