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2021 DIGILAW 570 (RAJ)

Kumari Rekha v. Dhala Ram

2021-03-05

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. With the consent of learned counsel for the parties, the present appeals are being heard and decided by this common judgment as they arise out of the same accident and common judgment passed by the Tribunal. 2. The above appeals have been preferred against the judgment and award dated 26.06.2002 passed by the Motor Accident Claims Tribunal, Pali in Motor Accident Claim Cases Nos.400/2001 (125/1999) and 368/2001 (92/1999) whereby the Tribunal awarded a sum of Rs.26,707/- and Rs.84,009/-respectively as compensation in favour of the appellants-claimants with an interest @ 9% p.a. on account of the injuries suffered by them in the accident which occurred on 06.03.1999. 3. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing learned counsel for the parties allowed the claim petitions of the appellants vide its judgment and award dated 26.06.2002 and awarded a sum of Rs.26,707/- and Rs.84,009/- respectively as compensation to the appellants. 4. Learned counsel for the appellants submits that the Tribunal has not correctly appreciated the evidence available on record, therefore, the Tribunal erred while deciding the issue No.4 and awarding a meagre sum of compensation in the present cases. Learned counsel further submits that it is a fact which was proved beyond doubt before the Tribunal that in the accident which occurred on 06.03.1999, the appellants suffered injuries. On account of the injuries suffered, treatment was given to both the appellants and requisite certificates of injury reports, photographs of the injured persons, prescription slips of doctors and medical bills for purchase of medicines were also placed on record. He further submits that the disability certificates issued by the doctor concerned (Exp.16 & Exp.17) were disbelieved by the Tribunal because the disability certificates did not contain certain particulars. He further submits that the Tribunal has not taken into consideration the injuries suffered by the appellants while awarding the compensation in the present case. He, therefore, prays that amount of compensation should be re-computed as per the RSLSA guidelines dated 05.11.2018. 5. Per contra, learned counsel for the respondent Insurance Company submits that the fact of accident is not disputed but the Tribunal after taking into consideration all the relevant evidence brought on record rightly computed the award in the present case. He, therefore, prays that amount of compensation should be re-computed as per the RSLSA guidelines dated 05.11.2018. 5. Per contra, learned counsel for the respondent Insurance Company submits that the fact of accident is not disputed but the Tribunal after taking into consideration all the relevant evidence brought on record rightly computed the award in the present case. He further submits that the Tribunal has awarded a just compensation on account of the injuries suffered by the appellants, therefore, no interference is warranted by this court in the award passed by the Tribunal. Learned counsel for respondent Insurance company, however, is not in a position to controvert the submissions made by the counsel for the appellants that the award should be recomputed taking into consideration RSLSA guidelines. 6. Having considered the submissions made at the bar, I am of the view that fact of the accident is not disputed as per the evidence available on record. The injuries suffered in the accident are also clear and substantiated by the evidence brought on record. At the most, it can be a case that permanent disability certificates issued to the appellants do not contain certain particulars but at the same time, the fact of injuries having been suffered in the accident cannot be ruled out. The percentage of permanent disability may vary but the fact of injuries suffered on the body of the appellants is established beyond doubt. In the circumstances, interest of justice will be met, if the appellants are awarded compensation amount in the light of RSLSA guidelines dated 05.11.2018. Both the counsel jointly submit calculation for re- computation of the award, the same reads as under:- S.B.Civil Misc. Appeal No.492/2005:- Date of accident 06.03.1999 Name of injured Kumari Rekha Age of the Injured 13 Years Injuries 1 Grievous Fracture injury = Rs. 50,000/- 6 simple injuries - 6 x 2500= Rs. 15,000/- Permanent Disability 5% 25000+3000X5 = Rs. 40,000/- Loss of Income 07 days x 500 = Rs. 3,500/- Hospitalization 07 days X 600 = Rs. 4,200/- Pain & suffering 25% (1,12,700/-) = Rs. 28,175/- Medical Expenses Rs. 5,707/- Total Award Rs. 1,46,582/- Less : Award by Tribunal Rs. 26,707/- Enhanced award Rs. 1,19,875/- S.B.Civil Misc. Appeal No.261/2005:- Name of injured Om Prakash Age of the Injured 42 Years Injuries 1 Grievous Fracture injury = Rs. 50,000/- 4 simple injuries = Rs. 10,000/- Permanent Disability 20% 25000+4000X20 = Rs. 28,175/- Medical Expenses Rs. 5,707/- Total Award Rs. 1,46,582/- Less : Award by Tribunal Rs. 26,707/- Enhanced award Rs. 1,19,875/- S.B.Civil Misc. Appeal No.261/2005:- Name of injured Om Prakash Age of the Injured 42 Years Injuries 1 Grievous Fracture injury = Rs. 50,000/- 4 simple injuries = Rs. 10,000/- Permanent Disability 20% 25000+4000X20 = Rs. 1,05,000/- Hospitalization 07 days X 600 = Rs. 4,200/- Loss of Income 07 days x 500 = Rs. 3,500/- Pain & suffering 17.5%(1,72,700/-)= Rs. 30,223/- Medical Expenses including transportation & Nourishment. = Rs. 24,809/- Total Award Rs. 2,27,732/- Less : Award by Tribunal Rs. 84,009/- Enhanced award Rs. 1,43,723/- 7. Thus, in view of the discussions made above, both the appeals are partly allowed. The respondent insurance company is directed to pay an enhanced amount of 1,19,875/- to appellant Kumari Rekha and Rs.l,43,723/-to appellant Om Prakash as compensation, in addition to the amount already awarded by the Tribunal, within a period of six weeks from today. The enhanced amount shall carry an interest @ 7.5% p.a. with effect from the date of filing of the claim petitions till the same is actually paid.