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2021 DIGILAW 213 (RAJ)

Mohammed Iqbal v. Amba Lal Kharol

2021-01-27

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The matter comes up on an application preferred under Section 5 of the Limitation Act for condonation of delay in filing the appeal. 2. For the reasons mentioned in the application, the same is allowed and the delay of 163 days in filing the present appeal is condoned. 3. The present appeal has been preferred by the appellant-claimant for enhancement of the amount awarded by the Tribunal against the judgment and award dated 01.09.2016 passed by Motor Accident Claims Tribunal, Bhilwara in MACT Claim Case No. 632/2013, whereby the Tribunal has awarded a sum of Rs. 6,19,995/- in favour of the appellant. 4. With the consent of the parties, the matter is heard finally. 5. Learned counsel for the appellant-claimant submits that the Tribunal has erred while considering the income of the appellant as Rs. 3,500/- per month only, which is on the lower side. He further submits that it is an admitted fact, which has been brought on record, that the appellant was performing the job of a driver and in the year 2008, the driver could have easily fetched an amount of Rs. 6,000/- p.m. He further submits that in the light of the judgments of the Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar and ors. AIR 2020 SC 4424 and Sanjay Verma vs. Haryana Roadways 2014 ACJ 692 , although, the injuries suffered by the appellant is assessed to be 60%, no amount towards future prospects have been awarded to the appellant in the present case. He also submits that the appellant was admitted in different hospitals for his treatment and at the time of admission in the respective hospitals, an attendant was there to help him, but the Tribunal has only taken into consideration Rs. 500/- per day for the same, which is also on a lower side. 6. Per contra, learned counsel for the respondents vehemently supported the order passed by the Tribunal and has submitted that the amount awarded by the Tribunal is perfectly in order as the rates prevailing at the time of the accident have been taken into consideration, and Rs. 3,500/- is the appropriate income for performing the job of driver in the year 2008. They further submitted that the Tribunal, after evaluating the evidence on record, has arrived at a figure which can easily be called 'just compensation' in the present case. 3,500/- is the appropriate income for performing the job of driver in the year 2008. They further submitted that the Tribunal, after evaluating the evidence on record, has arrived at a figure which can easily be called 'just compensation' in the present case. However, learned counsel for the respondents are not in a position to controvert the judgments of the Hon'ble Supreme Court in the case of Sanjay Verma and Pappu Deo Yadav (supra) on the future prospects. 7. I have considered the submissions made at the bar and have gone through the judgment dated 01.09.2016. It is an admitted fact that the appellant-claimant was performing the job of a driver and in the year 2008 the income of the driver assessed by the Tribunal to be Rs. 3,500/- is on the lower side, therefore, the same is required to be assessed @ Rs. 4,500/- p.m. Thus, the income of the appellant at the date of the accident is assessed as Rs. 4,500/- p.m. After taking into consideration Rs. 4,500/- as income and the future prospects income in the light of the judgments of Sanjay Verma and Pappu Deo Yadav (supra), the amount which is required to be enhanced is Rs. 3,42,720/-. As far as the admission of the appellant in different hospitals is concerned, the same is not disputed and the amount computed towards the presence of attendant throughout the treatment in the hospital is also considered to be on the lower side and, therefore, the same is required to be enhanced to Rs. 8,000/-more in addition to the amount awarded by the Tribunal on this head. Thus, the total amount in round figure which is required to be enhanced in the present case comes to Rs. 3,50,000/-. 8. In the light of the discussion made above, the respondents are directed to pay an enhanced amount of Rs. 3,50,000/- infavour of the appellant-claimant in addition to the amount of compensation already awarded by the Tribunal vide its judgment dated 01.09.2016 within a period of four weeks. If the aforesaid enhanced amount is not paid within a period of four weeks, the same shall carry an interest @ 6% p.a. till the same is paid to the appellant-claimant. 9. The appeal stands disposed of in the terms above.