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Rajasthan High Court · body

2021 DIGILAW 396 (RAJ)

Sharwan Ram v. Ram Bhai

2021-02-16

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The matter comes up on an application (Inward No.01/2021) for early hearing of the case. 2. For the reasons mentioned in the application, the same is allowed. 3. With the consent of the parties, the matter is heard finally. 4. The present appeal has been preferred for enhancement of the compensation by the appellant-claimant against the judgment and award dated 21.02.2014 passed by Motor Accident Claims Tribunal, Jodhpur in MACT Claim Case No. 812/2010, whereby the Tribunal has awarded a sum of Rs. 4,99,387/- on account of the injuries suffered by the appellant in the accident which occurred on 25.07.2010. 5. Learned trial court after framing the issues, evaluating the evidence on record and hearing the learned counsel for the parties has decided the claim petition and awarded a sum of Rs.4,99,387/- to the appellant-claimant. 6. Learned counsel for the appellant without taking this court into the factors utilized for the computation of compensation in the present case has only submitted that the appellant-claimant was a driver and he was earning Rs.3,000/- per month by performing the work of a driver. In the accident, his right hand which is the dominant hand virtually became useless as the same is paralysed. The Medical Board has assessed the disability of the whole-body to the extent of 43% in this case. Learned counsel submits that virtually the appellant-claimant has become jobless in view of the fact that his dominant hand i.e. right hand has completely become paralysed. Therefore, the functional disability of the body should be assessed as 100%. He, therefore submits that taking into consideration the disability of the appellant-claimant to the extent of 100%, the award passed by the learned Tribunal may be suitably enhanced. Learned counsel further submits that no amount towards the future prospects has been awarded in the light of the judgment of Hon'ble the Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar and Ors. reported in the AIR 2020 SC 4424 and Sanjay Verma vs. Haryana Roadways reported in the 2014 ACJ 692 . 7. Per contra, learned counsel for the respondent-Insurance Company submits that the learned Tribunal has awarded adequate compensation in the present case, after appreciation of the evidence brought on record, therefore, no interference is warranted in the judgment and award dated 21.02.2014. 7. Per contra, learned counsel for the respondent-Insurance Company submits that the learned Tribunal has awarded adequate compensation in the present case, after appreciation of the evidence brought on record, therefore, no interference is warranted in the judgment and award dated 21.02.2014. Learned counsel further submits that there is no evidence which has been brought on record showing the fact that the appellant was earning Rs.3,000/- per month by performing the job of a driver. He further submits that only right hand of the appellant is paralysed, therefore, the possibility of the progressive development in life for performing day-to-day functioning with the left hand cannot be ruled out. Therefore, the disability assessed to the extent of 43% is just and proper. 8. Learned counsel, however, is not in a position to controvert the submissions made by the learned counsel for the appellant-claimant with respect to future prospects to be awarded in the light of the judgment of the Hon'ble Supreme Court in the case of Pappu Deo Yadav and San jay Verma (Supra.). 9. I have considered the submissions made at the bar and have gone through the judgment and award dated 21.02.2014 and other relevant record. 10. The fact that the appellant's right hand is paralysed and virtually it has become useless, therefore, the Medical Board has assessed the permanent disability of the whole body to the extent of 43%. It has also submitted that the dominant hand of the appellant was right hand and he was performing the job of a driver, although no cogent evidence was brought before the learned Tribunal to prove the fact that the appellant was performing the work of a driver. However, it can be presumed that a person of 32 years of age was at least working as causal labour and was earning Rs.3,000/- per month. Thus, from any stretch of imagination if the functional hand of a person is paralysed and virtually became non-functional then even for performing the work as a casual labour, the capacity of the person suffering such damage would be effected. Since, the age of the appellant-claimant was 32 years at the time of the accident, therefore, the amount to the tune of 40% towards the future prospects is required to be computed in the present case 11. Since, the age of the appellant-claimant was 32 years at the time of the accident, therefore, the amount to the tune of 40% towards the future prospects is required to be computed in the present case 11. The interest of justice will be met if the functional permanent disability in the present case is assessed to the tune of 65% instead of 43% which was taken into consideration by the learned Tribunal. 12. Thus, the amount of compensation in the present case is required to be recomputed, while taking into consideration the functional disability of the whole body of the appellant-claimant to the extent of 65%. The calculation are as under :- 3000X40%= 1200 (3000 + 1200=4200) 4200X65% = 2730xl2X17=5,56,920 Rs. 5,56,920/- As awarded by the Tribunal Simple Injury 1000X2 = 2000/- Grevious Injury 15000/-15 Days Hospitalized x500=7500/- Car Damage = 1,00,000/- For the Bills for treatment = 91,927/- Other misc. expenses= 20,000/- Rs. 2,36,427/- Total Rs. 7,93,347/- Amount awarded by the Tribunal vide award dated 21.02.2014 Rs. 4,99,387/- Enhanced amount Rs. 2,93,960/- 13. Thus, the amount of Rs.2,93,960/- is enhanced in the present case. 14. In view of the discussion made above, the present appeal is partly allowed. The respondent-Insurance Company is directed to pay the enhanced amount of Rs. 2,93,960/- to the appellant-claimant in addition to the amount of compensation already awarded by the Tribunal vide its judgment dated 21.02.2014 within a period of six weeks from today. If the aforesaid enhanced amount is not paid within the stipulated period, the same shall carry the interest @ 6% p.a. from the date of the filing of the claim petition and till the same is paid to the appellant-claimant.