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2021 DIGILAW 229 (RAJ)

Narain v. Firoz Khan

2021-01-28

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The matter is listed in the 'orders' category on an application (Inward No. 01/2021) moved by the appellant-claimant for early hearing. 2. For the reasons mentioned in the application, the same is allowed. 3. With the consent of learned counsel for the parties, the appeal is taken up for final hearing today itself. 4. The present appeal for enhancement has been filed by the appellant-claimant against the Judgment and Award dated 26.05.2012 passed by the Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in Motor Accident Claim Case No. 2/2008 whereby the tribunal has awarded a sum of Rs. 61,258/- along with interest @ 7.5% per annum in favour of the appellant-claimant. 5. In brief, the facts of the case are that on 03.12.2007, the appellant-claimant Narain along with his father was traveling from Beawar to Raipur in the Tempo bearing No. RJ-36-GA-0503. The said tempo met with accident. In the said accident, the appellant-claimant Narain suffered fracture of his right leg. The injury was assessed by the medical board to be 15% disability. In the circumstances, a claim petition was preferred by the appellant-claimant seeking compensation under various heads. 6. The tribunal after framing issues and taking into consideration the evidence on record, partly allowed the claim petition while awarding a sum of Rs. 61,258/- in favour of the appellant-claimant on account of injury suffered by him in the accident above stated. 7. Learned counsel for the appellant-claimant has assailed the validity of the Judgment and Award dated 26.05.2012 on the ground that the tribunal has wrongly taken into consideration the disability of the appellant-claimant as 8% despite the fact that the medical board opined his disability to the tune of 15%. He, therefore, submits that the compensation amount in the present case is required to be suitably enhanced. He further submits that any reasonable amount in the present case may be enhanced to meet the ends of justice and which can be 'just compensation' in the present case. 8. Learned counsel for the respondent - Insurance company while admitting the fact that the appellant-claimant suffered the injury in his right leg in the accident above stated, submits that the tribunal has rightly computed the amount of compensation in the Judgment and Award dated 26.05.2012 which does not call for any interference by this Court. 8. Learned counsel for the respondent - Insurance company while admitting the fact that the appellant-claimant suffered the injury in his right leg in the accident above stated, submits that the tribunal has rightly computed the amount of compensation in the Judgment and Award dated 26.05.2012 which does not call for any interference by this Court. However, he fairly submits that any amount which in the opinion of this Court is 'just compensation' can be awarded to the appellant-claimant. 9. I have considered the rival submissions and perused the judgment and award impugned. 10. In the present case, it is an admitted fact that the appellant-claimant suffered fracture of his right leg which resulted into 15% disability, on account of which, he was unable to perform his day to day affairs and the same also hampered his business. In such circumstances, this Court considers that if an amount of Rs. 40,000/- (inclusive of all) in addition to the amount already awarded by the tribunal is enhanced in favour of the appellant-claimant, the same will meet the ends of justice and will constitute as 'just compensation' to the appellant-claimant on account of the injury suffered by him in the accident above stated. 11. In view of the above, the present appeal is disposed of with a direction to the respondent - Insurance Company to pay a sum of Rs. 40,000/- (inclusive of all) to the appellant-claimant in addition to the amount already awarded by the tribunal vide its Judgment and Award dated 26.05.2012 towards full and final settlement within a period of six weeks from today. 12. The record of the case be remitted to the tribunal forthwith.