Allowed

Mool Chand v. Omprakash and Ors.

Rajasthan HC13 Jul 2018CMA/1948/2009

Case brief

AI extract

What is this about?

This appeal challenged the compensation awarded by the Claims Tribunal for motor vehicle accident injuries. The High Court enhanced the award from Rs. 6,85,000 to Rs. 21,59,980 based on permanent total disability and treatment needs. An order was made to invest the enhanced amount in a fixed deposit for the appellant.

What did the court decide?

The order of the Claims Tribunal is modified to enhance compensation from Rs. 6,85,000 to Rs. 21,59,980. The enhanced amount must be invested in a Fixed Deposit Receipt in a Nationalized Bank in the a

Mool Chand Vs Omprakash and Ors. — Motor Accident Claims | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1948/2009

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Moo1 Chand S/o Sohan La1 B/c Aheer, Aged 24 years, R/o Dhani Hiroda Ki, Kansli Tehsil Kotputali Distri.ct Jaipur

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Versus

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Om Prakash S/o Shri Sardar Singh, B/c Yadav, R/o Karjo Station Patan District Sikar (Driver).

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Subash Singh S/o -4 Sh,ri -9 ,Ra~~~iNg~-,B@8h, .. R/o House No.43, Ra n i Co Ion y, 3 h otqa7f-a3f%i . .. . 8"* % .p 8 :. ,a +' 3. National . ImF@rhynce Company ~imita C?i:ough Regional b@5w f- - ,$ Manager, ~&ional Office, LIC Building, High Court Qrk Jaipur. a -' g' 5 bM a& ----Non-ClaimantbKespondent - cw;- .%%; 2 ..$'* s +

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For Appellant(s)

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-- 18/07/2018

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Claims Tribunal, seeking

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enhancement of compe

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appellant has suffered do his daily chores. Ap qq uires .an irr"d &tendant to do his day to 9 ,. day work. However, the compensation granted by the Tribunal was on a lower side. iearned counsel has also submitted that the appe!lant is still undergoing treatment and presently, he is taking treatment in AIIMS Hospital, New Delhi.

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Learned counsel for respondent No.3 has opposed the appeal.

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Appellant had filed the claim petition und,er Section 166 ~f the Motor Vehicle Act, 1988, seeking compensation on account of

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injuries suffered by him in the motor vehicle accident, which had occurred on 13.01.2006.

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As per Exhibit-I, appellant has suffered I0O0/o total permanent physical disability. Exhibit-I has been issued by board of doctors and there is no reason to doubt the genuineness of the said certificate. A perusal of the said certificate reveals that the appellant is unable to perform his daily activities and would need an attendant all the time for his activities.

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has taken the income of the Rs.2,700/- per month. The said amount is no appeal. Accordingly, appellant is entitled t 18 = Rs.5,83,200/by way of compensa ility suffered by him. Appellant would be entit dition of 40% of the said amr~unt towards loss of fu nd the said amount comes T 20 Rs. 2,33,280/-.

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Learned counsel s submitted that the medical bills proved on e of Rs.60,000/-.

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mwaw further submitted that Learned counsei fqvr@fRqF1 ? %. the appellant had remained admitted in the hospital for 67 days for his treatment. Thus, the appellant would be entitled to receive Rs.33,500/- towards hospital expenses.

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Appellant would be entitled to receive Rs.50,000/- towards transportation expenses and special diet.

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Keeping in view the age of the appellant and the extent of disability suffered by him, appellant would be entitled to receive 5,00,000/- towards pain and suffering. Appellant would be further

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entitled to receive Rs.3,00,000/- towards loss of amenities of life. Appellant would be further entitled to receive Rs.2,00,000/- on account of requirement of attendant. Appellant would be further entitled to receive Rs.2,00,000/- towards future treatment.

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Thus, in all, appellant would be entitled to receive Rs.5,83,200 + Rs.2,33,280 + Rs.60,000 + Rs.33,500 + Rs.50,000 + Rs.5,00,000 + Rs. 3,00,000 + Rs.2,00,000 + Rs.2,00,000 = Rs. 21,59,980/-.

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modified to the extent that the ive Rs. 21,59,980/- by way of compensatio'fi-instead of Rs. 6,85,000/- as a e remaining terms and conditions of t anged. It is further ordered that the e sation be invested in Fixed Deposit Receipts ed Bank, initially for a period of three ye n the deposit shall be paid to the appellant o s. Secretary, District Legal 'Services Authority, Ja erest of the appellant shall invest the amou ipts in the name of the appellant in some Na ecretary, District Legal .na, "".. Services Authority, aiu~~~>?$f~~hl:l % 8% qs4,g . r .'+fhi;:i .fiEF$kr apprise the appellant with regard to the amount which has been granted to him by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some Nationalized Bank for his benefit.

Mool Chand v. Omprakash and Ors.

Case brief

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Mool Chand v. Omprakash and Ors.

Case brief

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