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Rajasthan High Court · body

2019 DIGILAW 1124 (RAJ)

Hansraj v. Amit Kumar Saxena

2019-04-12

SABINA

body2019
JUDGMENT Sabina, J. - Appellant has filed this appeal, challenging the award dated 06.07.2018 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount. 2. Learned counsel for the appellant has submitted that the appellant has suffered amputation of his left leg below knee. However, the amount of compensation granted by the Tribunal was on a lower side and required to be enhanced. 3. Learned counsel for respondent No. 2 has opposed the appeal and has submitted that the compensation amount granted by the Tribunal did not require any enhancement. 4. Appellant had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 23.12.2007. 5. Learned Tribunal has rightly taken the age of the appellant as 38 years, at the time of accident, in view of the age of the appellant disclosed in the claim petition. Hence, the Tribunal has rightly applied the multiplier of 15' to calculate the amount of compensation. 6. In order to prove his salary, appellant has proved on record Exhibit-101 issued by G.R. Contractor and to prove the said certificate, appellant examined AW-2 Ved Prakash. The said witness deposed that Exhibit-101 had been issued by the owner of the Firm. The said witness further deposed that he was working in the company as a clerk. In his cross examination, he deposed that he had not brought any material to show that he was working as a clerk with the Firm. No record was maintained with regard to the employment of the appellant. 7. In these circumstances, learned Tribunal had rightly not placed on Exhibit-101. Learned Tribunal has rightly taken the income of the appellant as Rs. 3,000/- per month by treating him as a skilled worker, in view of minimum wages fixed by the State, at the relevant time. 8. As per the disability certificate Exhibit-103 issued by the Medical Board of Doctors, appellant has suffered permanent physical disability above 40%. Appellant has suffered amputation of left leg below knee. The said certificate has been issued by the Medical Board of Doctors and there is no reason to doubt the genuineness of the same. 9. Thus, the appellant would be entitled to receive Rs. 3,000/- x 12 x 15 x 40% = Rs. Appellant has suffered amputation of left leg below knee. The said certificate has been issued by the Medical Board of Doctors and there is no reason to doubt the genuineness of the same. 9. Thus, the appellant would be entitled to receive Rs. 3,000/- x 12 x 15 x 40% = Rs. 2,16,000/- by way of compensation vis-a-vis permanent disability suffered by him. Appellant would be further entitled to receive an addition of 40% of the said amount towards loss of his future prospects and the said amount comes to Rs. 86,400/-. 10. Admittedly, sum total of the medical bills proved on record is to the tune of Rs. 21,220/-. Hence, appellant would be entitled to receive the said amount on account of expenses incurred by him in his treatment. Appellant had remained admitted in the hospital for 23 days. Hence, Appellant would be entitled to receive Rs. 11,500/- towards hospitalisation expenses. Appellant would be further entitled to receive Rs. 20,000/-towards transportation expenses and Rs. 10,000/- towards special diet etc. 11. Since, the appellant has suffered amputation of his lower limb, he would require an artificial limb. Accordingly, appellant is granted Rs. 6,00,000/- towards pain and suffering, loss of amenities of life, use of artificial limb. 12. Thus, the appellant would be entitled to receive, in all, Rs. 2,16,000/- + Rs. 86,400/-+ Rs. 21,220/- + Rs. 11,500/- + Rs. 20,000/- + Rs. 10,000/- + Rs. 6,00,000/- = Rs. 9,65,120/-. 13. Accordingly, this appeal is allowed. Impugned award dated 06.07.2018 is modified to the extent that the appellant would be entitled to receive Rs. 9,65,120/- by way of compensation instead of Rs. 8,14,000/- as awarded by the Tribunal. Remaining terms and conditions of the award shall remain unchanged. It is further ordered that the enhanced amount of compensation of the appellant be invested in Fixed Deposit Receipts with some Nationalized Bank, initially for a period of three years and the interest accrued on the deposit shall be paid to the appellant on monthly basis. 14. The Secretary, District Legal Services Authority, Bharatpur shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. 14. The Secretary, District Legal Services Authority, Bharatpur shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority, Bharatpur, shall further apprise the appellant with regard to the amount which has been granted to him by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some Nationalized Bank for his benefit.