Subhash S/o Hajari Ram Vishnoi v. Oriental Insurance Company Ltd.
2021-04-09
DEVENDRA KACHHAWAHA
body2021
DigiLaw.ai
JUDGMENT : Devendra Kachhawaha, J. 1. Learned counsel for the parties stated that the matter may be heard and finally decided at this stage. 2. The present appeal has been preferred by the appellant-claimant against the Judgment and Award dated 15.11.2003 passed by the Motor Accident Claims Tribunal, Nagaur, in M.A.C. Case No. 14/2003, whereby the Tribunal partly allowed the claim petition and awarded an amount of Rs. 1,60,000/- as compensation for the injuries suffered to the claimant in the accident occurred on 25.11.2002. 3. Learned counsel for the appellant-claimant stated that appellant was doing the job of driver and as per permanent disablement certificate (Annex. 7), medical expert found 80% permanent disability. Learned counsel further stated that as per the statement of AW-2 Chenaram (vehicle owner), appellant was the driver on his vehicle and therefore, in present case since, by profession, appellant is driver, he become jobless after the accident, therefore, 100% disablement may be treated in the present case. Learned counsel further stated that as per the guidelines issued by the Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi & Ors. reported in AIR 2017 SC 5157 , income towards future prospects was also not awarded by the learned Tribunal. Learned counsel also stated that at the time of accident, appellant was 27 years old, therefore, he is entitled to 40% future prospects and multiplier of 17 should be applied instead of 16. Learned counsel also stated that no compensation towards of pain and sufferings was awarded by the Tribunal, therefore, 25% of the amount awarded may be awarded towards pain and sufferings as per the guidelines dated 05.11.2018 issued by the Rajasthan State Legal Services Authority. 4. Per contra, learned counsel appearing on behalf of the respondent-Insurance Company stated that since 80% permanent disablement is proved as per the permanent disablement certificate (Annex-7), therefore, Tribunal has rightly assessed the disablement at 80%. Learned counsel for the respondent further stated that AW-2 Chenaram (Vehicle Owner) admitted in his cross examination that he was giving wages not salary to the appellant. 5. In reply, learned counsel for the appellant claimant stated that the amount is required to be recomputed in the light of guidelines issued by the Rajasthan State Legal Services Authority guidelines dated 05.11.2018. 6.
5. In reply, learned counsel for the appellant claimant stated that the amount is required to be recomputed in the light of guidelines issued by the Rajasthan State Legal Services Authority guidelines dated 05.11.2018. 6. Having regard to the facts and circumstances of the case, it is proved by evidence of appellant as well as AW-2 Chenaram that at the time of the accident, appellant was working as driver on his vehicle, and since appellant-claimant was performing the job of driver and due to accident, his left leg was amputated, hence, the claimant-appellant would not be able to work as professional driver in future, therefore, looking to the nature of the work, in my humble opinion, this is a case of 100% loss of income due to permanent disablement and hence, the appellant-claimant deserves to be allowed 100% loss of income due to permanent disablement and accordingly, award deserves to be modified by enhancing the amount. 7. It is also proved by learned counsel for the appellant claimant that performing the job of driver and getting monthly salary of Rs. 3,500/- which is normally possible in routine and the said evidence remains unrebutted. It is also pertinent to mention here that income of driver was proved by claimant himself as well as AW-2 Chenaram, owner of the vehicle and the said evidence remains uncontroverted. 8. The recalculation of the award in the present case is required to be made in accordance with the guidelines dated 05.11.2018 issued by Rajasthan State Legal Services Authority in following manner:- For Simple Injury Rs.2,500/- For Hospitalization (18 Days x Rs.600) Rs.10,800/- Age 27 years Permanent Disability (100%) (3500x40/100=1,400),so (4900x12x17x100%) Rs.9,99,600/- Loss of Income (Rs. 117 per day x 18 Days) Rs.2,106/- Medical Expenses Rs.25,000/- Pain and Suffering (2500+10,800+9,99,600+2106 x 25%) Rs.2,53,752/- Total Award 12,93,758/- Compensation awarded by the Tribunal Rs.1,60,000/- Enhanced Compensation Rs.11,33,758/- 9. In view of the discussions made hereinabove, the present appeal is allowed. The respondents are directed to pay an amount of Rs. 11,33,758/- in addition to the amount already awarded by the Tribunal vide its Judgment dated 15.11.2003, within a period of six weeks. The enhanced amount shall carry interest @ 6% from the date of filing the claim-petition till the same is paid. The amount so deposited by the respondents shall be disbursed by the Tribunal in the saving bank account of the claimant in accordance with law.