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2019 DIGILAW 2543 (RAJ)

Babu Singh v. Mehra Ram

2019-09-20

PUSHPENDRA SINGH BHATI

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ORDER : Pushpendra Singh Bhati, J. 1. The appellant deceased Babu Singh preferred this appeal seeking enhancement of the compensation awarded vide judgment dated 9.1.2004 passed by Motor Accident Claims Tribunal, Sirohi. During the pendency of the appeal Babu Singh died and therefore, his legal representatives have been brought on record. 2. The unfortunate accident happened on 5.12.2001 when the appellant while going on footpath, was struck by a truck No. RJ 19 G 9243 which was driven by the respondent No. 1 rashly and negligently. As a result of the accident, the appellant suffered severe injuries. 3. Learned counsel for the appellant has shown from the record that the appellant suffered 65% permanent disability which was declared by the Medical Board. Learned counsel for the appellant further submits that the Tribunal committed error in not awarding compensation under the heads of disfiguration and transportation. Learned counsel for the appellant also seeks loss of pay. 4. Learned counsel for the respondent insurance company opposes the submissions raised on behalf of the appellant. Learned counsel for the respondent serious disputes the claim to the extent of transportation charges, disfiguration and loss of pay. Learned counsel for the respondent also submits that since the appellant injured has now expired, therefore, his legal representatives are not entitled to pain and suffering. 5. In his rejoinder arguments, learned counsel for the appellant has shown the judgment of Sayra Devi (Smt.) & Ors. vs. National Insurance Company Ltd. & Ors. reported in 2006 R.A.R. 313 (Raj.), para 42 whereof is relevant, which reads as follows:- "42. So far as D.B. Civil Special Appeal No. 4 of 1997 Smt. Sayra Devi and Ors. v. National Insurance Co. Ltd. and Ors. is concerned, it may be noticed that the principal reason for reducing; the compensation awarded by the Tribunal was that father of the deceased had died during the pendency of proceedings and, therefore, no compensation was awardable qua father or his legal representatives. Hence to that extent, amount of compensation was reduced. We are of the opinion that this approach of the learned Single Judge is erroneous. Merely because claimants died during the pendency of the application, his survivors do not lose the right to pursue and claim the compensation as on the date of application. This is supported by provision for allowing interest from the date of application. We are of the opinion that this approach of the learned Single Judge is erroneous. Merely because claimants died during the pendency of the application, his survivors do not lose the right to pursue and claim the compensation as on the date of application. This is supported by provision for allowing interest from the date of application. Further, whether the claimant is one or more does not affect the total sum to be awarded as compensation. The compensation in the circumstances remains one sum to be distributed amongst all the claimants, if there are more than one. The question of apportionment is not relevant, while considering what compensation is to be awarded." 6. After hearing the learned counsel for the parties and after perusing the record, this Court is of the opinion that the appellant is entitled to compensation in accordance with 65% permanent disability. This Court further holds that the appellant shall not be entitled to loss of pay and disfiguration, however, the appellant shall be entitled to transportation charges. 7. After concluding as above, learned counsel for the parties were jointly asked to submit the calculation afresh as per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, which they have furnished before this Court and the same reads as follows:- Age of the Injured 31% Permanent Disability 65% Hospitalisation 36 days 2500 + (65 x 6000) = Rs. 415000/- Hospitalisation (36 x 1100) Rs.39,600/- Rs.4,54,600/- Pain & Suffering (20%) Rs.90,920/- Rs.5,45,520 Medical Expenses Rs.9,300/- Rs.5,54,820/- Transportation Rs.2,100/- Total Rs.5,56,920/- Compensation awarded by Tribunal Rs.69,600/- Enhanced Compensation Rs.4,87,320/- 8. With the consent of learned counsel for the parties and in light of the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, the enhanced award of Rs. 4,87,320/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid to the legal representatives of the deceased Babu Singh who are already on record, within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. 9. The appeal is accordingly disposed of. All pending applications also stand disposed of.