The High Court allowed the appeal and enhanced compensation from Rs. 67,000/- to Rs. 1,50,000/- awarded for injuries in a 1993 motor accident, directing investment in a fixed deposit.
Compensation enhanced to Rs. 1,50,000/- to be invested in a Fixed Deposit Receipt by the District Legal Services Authority.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 33112004
Rameshwar Bairwa S/o Shri Lal Bairwa, aged 32:years, R/o Village Fariyadpura, Dakghar Reseelee, P.S. Phagi, District Jaipur.
----Claimant-Appellant
Versus
I. Sita Ram S/o Heera Lal Jat, resident of Village Sandhariya, Police Station Bagru, District Jaipur (Driver of Tractor No. RJ-14R-2674).
2. Bairan
FWWp, 1 ly. through the record avar .a r _5_*
Appellant had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of injuries suffered by him in the motor vehicle accident, which had occurred on 31.03.1993. +
As per disability certificate Exhibit-9, appellant has suffered permanent physical disability to the extent of 39% vis-a-vis right upper limb. Appellant had failed to prove on record the medical
bills with regard to the treatment undergone by him. Tribunal has awarded Rs.67,000/- by way of compensation to the appellant. Appellant was aged about 22 years at the time of accident. *
Keeping in view the age of the appellant and the extent of disability suffered by him vis-a-vis his right upper limb and his income at the relevant time as per minimum wages fixed 6y the State and pain and suffering undergone by him, it would be just >. . C V7-T 8 %%.I ,, ,,.,, i.~ and expedient tofet$f$@jbIai3fhfe .karnow@nk a-,p >of .compensation from em $ $. 4 %. .. Rs.67,000/- t~~~~~.~1,50,000/-. -x 4% %& s, % Li$gly, this appeal is allowed. Impugned -.award dated %<>* t is modified to the extent that the appellant.;would be l- entitled to receive ay of compensation instead of Rs. 67,000/- as e remaining terms and conditions of th anged. It is further ordered that the enhan ensation be invested in Fixed Deposit Rece Bank, initially for a period of three yea on the deposit shall be paid to the app tary, District Legal Services Authority, Ja rest of the appellant shall invest the a eceipts in the name of '*5, "x **%S_** I wy' il"r;.~W*W * i')m**%% WN 3-q the appellant in some e{~~;~~~~dGqqkThe Secretary, District Legal Services Authority, Jaipur District shall further 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.
2 issues framed by the court
Whether the compensation awarded by the tribunal of Rs. 67,000/- should be enhanced on account of permanent disability.
Whether the enhanced amount should be invested in a Fixed Deposit Receipt for the benefit of the appellant.
1 provisions across 1 enactments
Rameshwar Bairwa
Sita Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
