Allowed

Sarla @ Rani v. Sahiram Yadav and 2 Others

Allahabad HC3 Feb 2021FAFO/354/2020

Case brief

AI extract

What is this about?

The Hon'ble Vivek Agarwal,J. held that the compensation awarded by the Motor Accident Claims Tribunal to the appellant for injuries sustained in a motor accident was inadequate. The Court enhanced the award for loss of income, pain and suffering, future treatment, and attendant care, and ordered 7% interest.

What did the court decide?

Added Rs.75,800 to the compensation for loss of income, pain and suffering, future treatment, and attendant care with 7% interest.

Sarla @ Rani Vs Sahiram Yadav and 2 Others — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 354 of 2020

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Appellant :- Sarla @ Rani Respondent :- Sahiram Yadav And 2 Others Counsel for Appellant :- Rajendra Prasad Counsel for Respondent :- Krishna Shanker Chaudhary,Rakesh Kumar Upadhyay,Vipul Kumar

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Hon'ble Vivek Agarwal,J.

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Heard learned counsel for the parties.

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This appeal has been filed by the claimant being aggrieved of the award dated 12.09.2019 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Jhansi passed in M.A.C.P. No. 187 of 2017.

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It is submitted that claimant was working as a labourer earning Rs.300/- per day. In the accident, which took place on 13.03.2017, she sustained fracture in her right leg and it has come on record that fracture was compound in nature and was fixed after operation by inserting a steel rod/plate. It is submitted that Tribunal has awarded only a sum of Rs.95,239 towards actual expenses towards the treatment and another sum of Rs.10,000/- under the head of pain and suffering coupled with another Rs.10,000/- under the head of nutritious diet and transport etc. It is submitted that these amounts are inadequate. No compensation has been granted for loss of income, attendant, future treatment etc. and amounts awarded under miscellaneous heads are inadequate.

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It has come on record that no disability certificate was produced by the claimants, but it is also an admitted fact that fracture of leg takes about four months to heal itself post operation. In view of such facts, taking minimum wages for an unskilled labourer into consideration, on the date of the accident i.e. 13.03.2017, wages to the extent of Rs.7,200/- per month can be taken as safe measure to compute loss of income suffered by the claimant on account of such injury. Therefore, claimant will be entitled to a sum of Rs.28,800/- on account of loss of income as admittedly for a minimum period of four months she was not in a position to perform her work as a daily wager unskilled labourer. Learned Tribunal has awarded a meager sum of Rs.10,000/- under head of pain and suffering, which needs to be enhanced to Rs.25,000/-. Thus, there shall be an addition of 15,000/- (fifteen thousand) under the head of pain and suffering.

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No amount has been awarded under the head of future treatment and physiotherapy, which in the opinion of this Court, can be computed at Rs.10,000/- each. Thus, there will be addition of Rs.20,000/- under the head of future treatment for removal of steel place and physiotherapy. No amount has been awarded under the head of attendant, therefore, interest of justice will be served, if a sum of Rs.12,000/- at the rate of Rs.3,000/- per month for a period of four months is added under the head of attendant. Thus, there will be an addition of Rs.75,800/(seventy five thousand eight hundred) towards the amount awarded by the learned Claims Tribunal and this amount will also carry 7% interest from the date of filing of claim petition.

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In above terms, appeal is disposed of .

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Order Date :- 3.2.2021 Ravi/-

Sarla @ Rani v. Sahiram Yadav and 2 Others

Case brief

What is this about?

What did the court decide?

Sarla @ Rani v. Sahiram Yadav and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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