JUDGMENT Pushpendra Singh Bhati, J. - Appellant / claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 claiming the following relief:- "It is, therefore, most respectfully prayed that appeal of the appellant may kindly be allowed and award may kindly be enhanced as prayed for in the claim petition." 2. Learned counsel for the appellant submitted that the liability of the Insurance Company cannot be excluded, as the only ground for denying such liability was that the driving license in question was not pertaining to commercial vehicle whereas it is an admitted position that the driver was holding the license for driving geared motor-cycle and light motor vehicle for private purposes. 3. Learned counsel for the appellant further submitted that this issue is directly covered by the precedent law laid down by Hon'ble Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Limited, (2017) AIR SC 3668 . 4. Learned counsel for the respondent / Insurance Company while not in a position to dispute the applicability of precedent law of Mukund Dewangan (supra), submitted that the issue has been referred to the Larger Bench in Civil Appeal No.841/2018 (M/s. Bajaj Alliance General Insurance Co. Ltd. vs. Rambha Devi & Ors.). 5. Thus, the liability of the Insurance Company is clearly made out in light of the precedent law laid down by Hon'ble Apex court in Mukund Dewangan (supra). 6. However, 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 19 Simple Injury (1) 2,500 Grievous Injury (1) 15,000 Hospitalization (9 days) (1100X9) 9,900/- Loss of Income 3,000 Total 30,400 Pain and Sufferings (25% of 30,400) 7,600 Medical Expenses 12,068 Total Compensation 50,068 Already awarded 33,768 Enhanced Award 16,300 7. As per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, the enhanced amount of Rs.16,300/- 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.
As per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, the enhanced amount of Rs.16,300/- 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. 8. The appeal is accordingly disposed of. All pending applications also stand disposed of.