Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2483 (RAJ)

Madhu v. Dinesh Bhati

2019-09-16

PUSHPENDRA SINGH BHATI

body2019
ORDER : Pushpendra Singh Bhati, J. 1. These appeals are arising out of a common judgment and award dated 18.9.2003, arising out of an unfortunate accident that happened on 02.7.1997 at about 12:30 pm. 2. As per averments of claim petitions, the appellant Smt. Madhu @ Vimla, her husband-Kanhaiya Lal and minor daughter Kumari Suhani alongwith their car driver Govind Ram were coming from Pali to Jodhpur by Car No. RJ19C-9762. Suddenly near Pani Ki Tanki, Jodhpur Road, Pali, Truck No. RJ-24G-D-188 being driven by Dinesh Bhati (respondent No. 1) in a rash and negligent manner collided head-on with their car. As a result of said accident, their car got totally damaged. The occupants of car received grievous as well as simple injuries. Madhu suffered deformity on her face. All her teeth came out. She suffered permanent disfiguration of her face. Kumari Suhani sustained fracture on her left femur and also got injuries on her face, mouth, hands etc., and Kanhiya Lal suffered fracture of C2 vertebra (spinal) and also there were grievous injuries on his face, neck, head, legs, mouth etc. CMA No. 114/2004: (Smt. Madhu @ Vimla Vs. Dinesh Bhati & Ors. 3. For Madhu @ Vimla, Mr. Anil Bhandari, counsel for the appellant submits the learned Tribunal has not taken into consideration 20% disability, which was certified by dental doctor and her income too has been determined as Rs. 3000/-, that was also way below the proof rendered, which was Rs. 5000/- per month. Counsel for the appellant further submitted that Madhu's face was disfigured, thus, Section 142(c) for permanent disfiguration of face ought to have been invoked by the learned Tribunal for calculating compensation. 4. Mr. Anil Kaushik, counsel for the respondent, submits that the learned Tribunal has rightly computed compensation to Madhu @ Vimla as medical documents do not certify any disability and until such conclusive determination is reached by the doctors, it would not be appropriate to award compensation in lieu of permanent disability. Learned counsel Mr. Kaushik is not in a position to refute certificate of 20% permanent disability caused to Madhu and computation of income as Rs. 3000/-. 5. In light of aforesaid submissions, this Court computes compensation in CMA No. 114/2004 (Smt. Madhu Vs. Dinesh Bhati & Ors.) as follows: Head Awarded Revised 1. Learned counsel Mr. Kaushik is not in a position to refute certificate of 20% permanent disability caused to Madhu and computation of income as Rs. 3000/-. 5. In light of aforesaid submissions, this Court computes compensation in CMA No. 114/2004 (Smt. Madhu Vs. Dinesh Bhati & Ors.) as follows: Head Awarded Revised 1. Monthly income 3000 Future Prospects (40%) 1200 Total (4200 x 12) 50400 Permanent Disability (20%) Multiplier (17 x 50400x 20%) Nil 1,71,360 2. Medical Expenditure 26,302 26,302 3. Special Diet 3,000 3,000 4. Future Medical Exp. 10,000 10,000 5. Pain & Suffering 5,000 5,000 6. Loss of pay 3,000 3,000 7. Transportation 5,000 5,000 52,302 2,23,662 Enhanced compensation (2,23,662 - 52,302) = Rs. 1,71,360/- CMA No. 116/2004: (Kumari Suhani Vs. Dinesh Bhati & Ors.) As far as girl child Kumari Suhani is concerned, this Court finds that it is un-disputed fact that there was permanent disability recorded for her to the tune of 4.55%, thus, while applying the guidelines of Rajasthan State Legal Services Authority (Revised Guidelines for Settlement in MACT Cases) issued on dated 05.11.2018, it would be appropriate to award her compensation as follows:- Head Rs. 1. Compensation for permanent disability 4.5% 40,000 2. Pain & suffering (25% of PD) 10,000 600 50,600 3. One day hospitalization Total enhancement CMA No. 117/2004: (Kanahaiya Lal Vs. Dinesh Bhati & Ors.) This Court finds that monthly income of Kanjayia Lal has been rightly determined as Rs. 9000/-, thus, computation in accordance with judgment of Pranay Sethi, is as follows. However, since the learned Tribunal has not included future prospect, the same is added. Head Awarded Revised 1. Monthly income 9000 Future Prospects (50%) 4500 Total (13,500 x 12) 162000 Permanent Disability (26%) Multiplier (16 x 162000 x 26%) 4,49,280 6,73,920 2. Medical Expenditure 36,702 36,702 3. Special Diet 5,000 5,000 4. Pain & Suffering 10,000 10,000 5. Transportation 5,000 5,000 Total 5,05,982 7,30,662 Enhanced compensation (7,30,622 - 5,05,982) = Rs. 2,24,640/- 6. Thus, these misc. appeals are allowed. The claimants shall be entitled to receive enhanced amount of compensation as per the calculation made hereinabove plus interest @ 6% per annum from the date of filing of claim petition.