Lrs Of Chattar Singh v. United India Insurance Company Limited
2018-04-09
VINIT KUMAR MATHUR
body2018
DigiLaw.ai
JUDGMENT Vinit Kumar Mathur, J. - The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Sojat, District Pali vide judgment & award dated 30.08.2000 in Motor Accident Claim Application Case No.36/1997. 2. Briefly the facts necessary to be narrated are that on 03.12.1996 at 12:00 O'clock in the noon, the appellant was going to Bilara from village Hariyada. When he was going at the right side at the outskirt of village Malkosani then the respondent No.3 Baksaram by driving the Jeep No. RJ22/G-0550 rashly & negligently hit the motorcycle of the appellant and caused the accident. Due to accident the appellant sustained grievous injuries. 3. In these circumstances, the appellants preferred a claim petition before the Motor Accident Claim Tribunal, Sojat, being Motor Accident Claim Case No.36/1997 under different heads for grant of compensation to the tune of Rs. 4,85,000/-. The reply was filed on behalf of the respondents denying the allegations in the claim petition. Owner of the Jeep did not choose to appear before the learned Tribunal despite service, therefore, exparty proceeding was drawn against him by the Tribunal. On completion of the pleadings the learned Tribunal framed the issues. 4. After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellants and awarded a sum of Rs.14,000/- in favour of the appellant and directed the respondents to pay an interest @ 12% per annum from the date of filing the claim petition i.e. 15.02.1997 on the amount awarded. 5. Assailing the judgment and award aforesaid the learned counsel for the appellant submits that appellant is an agriculturist. He is cultivating the fields for earning his livelihood. The learned Motor Accident Claims Tribunal, Sojat while computing the award has not taken into consideration the fact that the injuries sustained by the appellant has hampered the work of cultivation and has thus reduced the activities of the appellant for performing the farming at his agricultural field. Because of this the yield from the farming of the appellant is reduced. That for repairing the damage caused to the motorcycle was to the tune of Rs.16,000/- whereas only Rs.2,000/- has been awarded which is far too less.
Because of this the yield from the farming of the appellant is reduced. That for repairing the damage caused to the motorcycle was to the tune of Rs.16,000/- whereas only Rs.2,000/- has been awarded which is far too less. He further submits that despite the Tribunal having found that the accident was caused due to rash and negligent driving of the respondent No.3, the adequate compensation in the matter has not been awarded. He therefore prays that the amount so awarded should be suitably enhanced. 6. Despite the service nobody is appearing on behalf of the respondent No.2. Having gone through the award, I am of the opinion that in view of the injury report and the damage caused to the motorcycle the amount which has been computed to Rs. 14,000/appears to be on the lower-side and in view of the fact that the appellant has sustained the fracture of the left hand finger. Besides this five injuries have also been found as per the injury report produced on record and thus, due to the injuries suffered, it can reasonably be presumed that the agricultural activities of the appellant has been affected. 7. Taking into consideration the totality of the facts & circumstances of the present case, I am of the view that interest of justice will be met, if the amount awarded by the Tribunal is enhanced to Rs. 22,000/-. Therefore, the amount awarded by the learned Tribunal is enhanced to Rs. 22,000/- to be paid to the appellants within a period of four weeks from today, failing which an additional amount of Rs. 1,000/- will be paid to the appellants. Needless to say that an amount which has already been paid shall be deducted while paying the enhanced amount. The order dated 30.08.2000 stands modified to this extent only. 8. The present Misc. Appeal stands disposed of accordingly.