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2019 DIGILAW 2721 (RAJ)

Dinesh Kumar v. Mohan Lal

2019-10-21

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - With the consent of the parties, the matter is finally heard. 2. The appellant has preferred this appeal seeking enhancement of the compensation awarded vide judgment dated 17.12.2008 passed by Motor Accident Claims Tribunal, Bhilwara. 3. Learned counsel for the appellant submits that the only issue involved in this case is regarding contributory negligence. 4. This Court after carefully examining the impugned judgment and the material available on record finds that the motorcycle rider - appellant is not at fault and cannot be attributed any contributory negligence as the FIR itself narrated that both the vehicles collided in the middle of road and moreover, the bigger vehicle has bigger responsibility. Further, the Hon'ble Supreme Court in the case of Mangla Ram vs. The Oriental Insurance Co. Ltd.& Ors.,2018 2 MACD(SC) 137 has held that the finding of the Tribunal on the basis of site map alone regarding contributory negligence is not proper and thus, the finding of the learned Tribunal on the basis of site map is ignored by this Court and the finding regarding 20% contributory negligence is quashed by this Court. 5. Thus, there being no dispute regarding factual matrix of the case, learned counsel for the parties were asked to jointly 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 29 Permanent Disability 20% Hospitalisation 10 days Calculation :- Permanent Disability [25000 + (20 x 4000 = 80,000)] Rs.1,05,000/- Hospitalisation (10 x 1100) Rs.11,000/- Expenditure on attendants Rs.15,000/- Special Diet Rs.25,000/- Transportation Expenses Rs.15,000/- Damages to motorcycle Rs.12,500/- Total of above Rs.1,83,500/- Pain & Sufferings (25% of 183500) Rs.45,875/- Medical Expenses Rs.1,10,000/- Total Compensation Rs.3,39,375/- Compensation awarded by Tribunal Rs.2,67,500/- Enhanced Compensation. Rs.71,875/- 6. With the consent of learned counsel for the parties and as per 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.71,875/- 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 within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. 7. The appeal is accordingly disposed of. All pending applications also stand disposed of.