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2019 DIGILAW 2765 (RAJ)

Padam Singh v. Mohanlal

2019-10-30

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - With the consent of learned counsel for the parties, the matter has been heard finally. 2. The appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of the compensation awarded vide judgment 03.07.2003 passed by the learned Motor Accident Claims Tribunal, Rajsamand. 3. Learned counsel for the appellant-claimant submits that there is no dispute regarding factual matrix arrived at by the learned Tribunal but only seeks application of revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018 in accordance with Exhibit21, which is the medical certificate issued by the Medical Board of Maharana Bhupal Government Hospital, Udaipur, which reflects 12% permanent disability. 4. On such limited submission, learned counsel for the parties are directed to jointly submit the re-computation on the same facts as arrived at by the learned Tribunal, as per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018 while treating the disability to be 12%. The joint computation, as furnished by learned counsel for the parties before this Court, reads as follows:- Age of the Injured 28 years Simple Injuries (4) (Rs.2500x4) Rs.10,000/- Permanent Disability (12%) [Rs.25,000 + (12x4000)] Rs.73,000/- Hospitalisation (22 days) (Rs.1100 x 22) Rs.24,200/- Loss of Income (as already given by learned Tribunal) Rs.41,250/- Expenditure on special diet (as already given by learned Tribunal) Rs.3,000/- Transportation expenses (as already given by learned Tribunal) Rs.3,250/- Total Rs.1,54,700/- Pain & Sufferings (25% of Rs.1,54,700) Rs.38,675/- Medical Expenses Rs.11,500/- Total Award Rs.2,04,875/- Amount already awarded by Tribunal Rs.1,10,000/- Enhanced Award Rs.94,875/- 5. In view of the above 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.94,875/- 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. 6. The appeal is accordingly disposed of. All pending applications also stand disposed of.