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2024 DIGILAW 580 (RAJ)

Hansraj, S/o. Shri Pawan Kumar Bunkar v. Mukesh Nath, S/o. Shri Harji Nath

2024-04-09

NARENDRA SINGH DHADDHA

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JUDGMENT : Narendra Singh Dhaddha, J. 1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimant-appellant (for short ‘the claimant’) dissatisfied with the judgment and award dated 07.01.2022 passed by the Motor Accident Claims Tribunal and Special Judge (Communal Riots), Jaipur Metropolitan, Jaipur (for short ‘the Tribunal’) in M.A.C. Case No.346/2017, whereby the Tribunal has awarded a sum of Rs.7,76,543/- as compensation along with interest @ 6% per annum from the date of filing the claim petition in favour of the claimant. 2. Learned counsel for the claimant submits that the Tribunal had committed error in granting a very meagre amount of Rs.7,76,543/- as compensation. Learned counsel for the claimant also submits that claimant suffered 100% disability but the Tribunal wrongly applied the multiplier according to the age of claimant’s mother. Learned counsel for the claimant also submits that instead of considering the age of claimant’s mother, age of the claimant be considered for the purpose of computing the amount of compensation. Learned counsel for the claimant also submits that the Tribunal had not awarded any amount towards future prospects. Learned counsel for the claimant also submits that the Tribunal had awarded a very meagre amount of Rs.5,000/- towards operation, whereas it should be enhanced suitably. Learned counsel for the claimant also submits that the Tribunal had not awarded any amount towards loss of marriage prospects. Due to 100% permanent disability, the claimant will have to remain alone as a bachelor for whole of his remaining life. Learned counsel for the claimant also submits that as the claimant suffered 100% permanent disability and he remained admitted in hospital for about 203 days, the Tribunal has awarded a very meagre amount under the head of medical treatment. Learned counsel for the claimant also submits that the Tribunal has also not awarded any amount towards future treatment. So, judgment and award of the Tribunal be modified accordingly. 3. Learned counsel for the claimant has placed reliance upon the following judgments : (1) Kajal Vs. Jagdish Chand in Civil Appeal No.735/2020 decided on 05.02.2020 and (2) Master Ayush Vs. The Branch Manager, Reliance General Insurance Co. Ltd. & Anr. reported in 2022 LiveLaw (SC) 330. 4. So, judgment and award of the Tribunal be modified accordingly. 3. Learned counsel for the claimant has placed reliance upon the following judgments : (1) Kajal Vs. Jagdish Chand in Civil Appeal No.735/2020 decided on 05.02.2020 and (2) Master Ayush Vs. The Branch Manager, Reliance General Insurance Co. Ltd. & Anr. reported in 2022 LiveLaw (SC) 330. 4. Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimant and submitted that the Tribunal rightly considered the income of the claimant as Rs.30,000/- per annum. So, appeal be dismissed. 5. Learned counsel for the Insurance Company has placed reliance upon the following judgments : (1) Master Mallikarjun Vs. Divisional Manager, the National Insurance Company Limited & Anr. in Civil Appeal No.7139/2013 decided on 26.08.2013; (2) Kishan Gopal & Anr. Vs. Lala & Ors. in Civil Appeal No.7137/2013 decided on 26.08.2013 and (3) SRI Anthony @ Anthony Swamy Vs. The Managing Director KSRTC in Civil Appeal No.2551/2020 decided on 10.06.2020. 6. I have considered the arguments advanced by learned counsel for the claimant as well as learned counsel for the Insurance Company. 7. While calculating the income of the claimant, the Tribunal applied the multiplier according to the age of claimant’s mother. In my considered opinion, the Tribunal had to consider the age of the claimant, while computing the amount of compensation. So, according to the age of claimant multiplier of 18 should be applied instead of 16. The Tribunal had not awarded any amount towards future prospects. As per the age of the claimant, claimant is entitled to get 40% towards future prospects. The Tribunal had awarded a very meagre amount of Rs.5,000/- towards operation. Looking to the condition of the claimant and the fact that he remained admitted in the hospital for about 203 days, claimant is entitled to get the amount of Rs.20,000/- towards operation. The Tribunal had not awarded any amount towards loss of marriage prospects. Due to 100% permanent disability, the claimant will have to remain alone as a bachelor for whole of his remaining life. So, the claimant is entitled to get the amount of Rs.1,00,000/- towards loss of marriage prospects. The Tribunal had not awarded any amount towards future medical treatment. Looking to the disability of the claimant, claimant is entitled to get the amount of Rs.50,000/- towards future medical treatment. So, the claimant is entitled to get the amount of Rs.1,00,000/- towards loss of marriage prospects. The Tribunal had not awarded any amount towards future medical treatment. Looking to the disability of the claimant, claimant is entitled to get the amount of Rs.50,000/- towards future medical treatment. So, the judgment of the Tribunal is modified to the extent as under:- Annual Income Rs.30,000/- Loss of Income viz-a-viz 100% permanent disability Rs.30,000X 100%=Rs.30,000 According to the age of the claimant, Multiplier of 18 shall be applied Rs.30,000X18=5,40,000/- Future Prospects (40% of the claimant’s income) Rs.5,40,000X40%=2,16,000/- (5,40,000+2,16,000=7,56,000/- Medical Bills Rs.49,743/- Attendant Charges Rs.1,21,800/- Under the head of Operation Rs.20,000/- Transportation Rs.10,000/- Nutritional diet Rs.10,000/- Mental Agony Rs.1,00,000/- Loss of marriage prospects Rs.1,00,000/- Future medical treatment Rs.50,000/- Total Rs.12,17,543/- Less amount awarded by the Tribunal Rs.7,76,543/- Enhanced Amount of compensation Rs.12,17,543 – Rs.7,76,543=Rs.4,41,000/- 8. The claimant is entitled to get a further sum of Rs.4,41,000/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs.4,41,000/- (Rs.12,17,543 – Rs.7,76,543/-) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimant shall be entitled to withdraw the same. The enhanced amount shall carry @ 6% interest per annum from the date of filing of claim petition till the actual payment is made. 9. In the result, the appeal filed by the claimant is partly allowed. 10. Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly. 11. Pending application(s), if any, also stand(s) disposed of.