Vikram Singh Shekhawat v. Desert Haritage Resourts Pvt. Ltd
2022-03-11
ANOOP KUMAR DHAND
body2022
DigiLaw.ai
JUDGMENT anoop Kumar Dhand, J. - The present civil misc. appeal has been filed by the appellant-claimant (for short ' the claimant') under Section 173 of the Motor Vehicles act, 1988 (for short 'the act of 1988') against the judgment and award dated 23.10.2013 passed by the Court of Motor accident Claims Tribunal and additional District Judge No. 14, Jaipur Metropolitan (for short 'the learned Tribunal') in claim case No. 544/2012 (1203/09), whereby an amount of Rs. 2,98,050/- along with interest @ 6% per annum has been awarded as compensation to the claimant on account of injuries sustained by him in an accident occurred on 14.12.2008. 2. Learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, decided the claim petition of the claimant and hold that there was 50% contributory negligence of the claimant, hence, after determining the compensation of Rs. 5,96,100/-, 50 per cent amount of compensation was deducted and the respondent- Insurance Company was directed to pay a compensation of Rs. 2,98,050/- along with interest at the rate of 6% per annum to the claimant. 3. Learned counsel for the claimant submitted that while deciding the issue No.1, learned Tribunal has erred in holding that there was 50% contributory negligence on the part of the claimant as he was driving the vehicle on the right side of the road. Counsel further submitted that as per the guidelines issued by the Rajasthan State Legal Services authority [for short 'the RSLSa'], the injured persons are entitled to get compensation of Rs. 600/-per day for hospitalization, but here in the instant case learned Tribunal has awarded Rs. 300/- per day in the head of hospitalization. Counsel further submitted that no amount towards future prospects has been awarded in the light of the judgment delivered by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. : (2017) 16 SCC 680 . Lastly, he argued that no amount has been awarded for pain and suffering and artificial leg, as the leg of the claimant has been amputated and he prayed that re-computation of the award in the present case may be done. 4.
Pranay Sethi & Ors. : (2017) 16 SCC 680 . Lastly, he argued that no amount has been awarded for pain and suffering and artificial leg, as the leg of the claimant has been amputated and he prayed that re-computation of the award in the present case may be done. 4. Per contra, learned counsel for the respondent- Insurance Company and counsel for the owner and driver of the vehicle opposed the arguments raised by counsel for the claimant and submitted that the learned Tribunal while deciding the claim petition of the claimant has correctly taken into consideration the factors while calculating the award in this case on the anvil of evidence produced before it. Thus, the judgment dated 23.10.2013 passed by the learned Tribunal does not call for any interference of this Court. 5. Learned counsel, however, are not in a position to controvert the submissions made by the counsel for the claimant with respect to re-computation of the award in the present case in the light of guidelines issued by RSLSa and in the light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). 6. I have heard the submissions made at the Bar and gone through the judgment dated 23.10.2013 passed by the learned Tribunal as well as the relevant record of the case. 7. admittedly, at the time of accident the deceased was found to be in a position of consuming liquor when his injury report (Ex.P3) was prepared by the Medical Officer of the S.M.S. Medical Hospital, Jaipur. 8. On bare perusal of the site plan (Ex.P6), it is clear that the injured after consuming liquor was driving the motorcycle in the wrong side and met with an accident from the vehicle bearing No. RJ-14-Ca-9048, hence while deciding the issue No.1, learned Tribunal has not committed any irregularity by holding that there was 50% contributory negligence of the injured. 9. So far as the other contentions raised by the counsel for the claimant are concerned, the impugned award needs suitable enhancement. Further, the amount to the extent of 40% is required to be added towards future prospects in the light of the judgment delivered by the Hon'ble Supreme Court in the case of Pranay Sethi (supra) and in the light of the guidelines issued by RSLSa, the claimant is entitled to get a sum of Rs.
Further, the amount to the extent of 40% is required to be added towards future prospects in the light of the judgment delivered by the Hon'ble Supreme Court in the case of Pranay Sethi (supra) and in the light of the guidelines issued by RSLSa, the claimant is entitled to get a sum of Rs. 600/- per day for hospitalization and apart from above the claimant is also entitled to get a sum of Rs. 2,00,000/- towards pain and suffering for the amputation of leg suffered by him and an additional amount of Rs. 50,000/- for artificial leg. 10. Thus, the award is re-computed as under:- Monthly income Rs. 4,500/- X 60/100 = Rs. 2,700 annual income Rs.2,700 x12 = Rs.32,400/- per annum Multiplier to be applied 15 32,400 X 15 = Rs.4,86,000/- Deduction 50% Rs. 4,86,000/- - Rs.2,43,000/- = Rs. 2,43,000/- add 40 per cent towards future prospects Rs.2,43,000 + Rs. 97,200 = Rs. 3,40,200/- add towards pain and suffering/loss of future amenities Rs. 2,00,000/- add for artificial leg Rs. 50,000/- Hospitalization Charges Rs. 600 X 27 days = Rs. 16,200/- Total compensation awardable Rs.3,40,200+2,00,000+ Rs. 50,000+Rs. 16,200 =Rs.6,06,400/- Less amount awarded by the Tribunal Rs. 6,06,400/- - Rs.2,98,050/- = Rs.3,08,350/- Enhanced amount of compensation Rs. 3,08,350/- 11. Thus, an amount of Rs. 3,08,350/- is enhanced in the present case. The respondent- Insurance Company is directed to pay the enhanced amount of compensation of Rs. 3,08,350/- in addition to the amount already awarded by the learned Tribunal vide its judgment dated 23.10.2013 within a period of six weeks from today. The enhanced amount shall carry interest @ 6% per annum from the date of filing of the claim petition till the actual payment is made. 12. The learned Tribunal shall disburse a sum of Rs.1,00,000/- in the Saving Bank account of the claimant and the balance amount of the enhanced compensation be invested in any Nationalized Bank initially for a period of three years and interest accrued on the said amount shall be paid to the claimant on monthly basis. 13. The appeal is partly allowed in the above terms. 14. Record of the case be sent back to the learned Tribunal forthwith. 15. Pending application(s), if any, stand(s) disposed of.