Partly allowed

Roshan Lal Kamad v. United India Insurance Co. Ltd. and Ors.

Rajasthan HC8 Apr 2019CMA/1483/2018

Case brief

AI extract

What is this about?

This High Court civil miscellaneous appeal allowed the appellant's challenge to the Motor Accident Claims Tribunal's award. The Court modified the compensation amount from Rs. 1,23,581 to Rs. 2,35,851 based on a 14.04% permanent disability, 18 years multiplier, and related expenses, ordering the enhanced amount to be invested as a fixed deposit.

What did the court decide?

The impugned award was modified to enhance compensation to Rs. 2,35,851. The enhanced amount is to be invested as a fixed deposit with interest paid monthly to the appellant.

Roshan Lal Kamad Vs United India Insurance Co. Ltd… — Motor Accident Claims | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 1483/2018

¶3

Roshan Lal Kamad S/o Hanuman Sahai Kamad B/c Bunkar, R/o Village Lakhni, Post Kant, Teh. Shahpura, Distt. Jaipur

¶4

----Appellant

¶5

Versus

¶6

United India Insurance Company Limited, Through Authorised Officer, Sahara Chambers, Tonk Road, Jaipur Insurance Company

¶7

Heera Lal S/o Bhuraram B/c Raigar, R/o Village Lakhni, Post Kant, Teh. Shahpura, Distt. Jaipur Driver And Power Of Attorney Holder

¶8

Om Prakash Sonwal S/o Devaram B/c Raigar, R/o Village Lakhni, Post Kant, Teh. Shahpura, Distt. Jaipur Owner

¶9

----Respondents

¶10

For Appellant(s)	:	Mr. Ram Sharan Sharma
For Respondent No.1	:	Mr. Manish Parashar

¶11

HON'BLE MRS. JUSTICE SABINA

¶12

Judgment

¶13

08/04/2019

¶14

Appellant has filed this appeal, challenging the award dated 16.11.2017 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

¶15

Learned counsel for the appellant has submitted that the appellant has suffered permanent physical disability to the extent of 14.04%. Hence, the amount of compensation awarded by the Tribunal required to be enhanced.

¶16

Learned counsel for respondent No. 1 has opposed the appeal.

¶17

(2 of 3)

¶18

[CMA-1483/2018]

¶19

Appellant had filed the claim petition seeking compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 02.09.2012.

¶20

Learned Tribunal after considering the material on record has held that the appellant was aged about 22 years, at the time of accident. Hence, the appropriate multiplier to work out the amount of compensation would be ‘18’.

¶21

Admittedly, there is no documentary evidence on record with regard to the income of the appellant, hence, the same is liable to be taken as Rs. 3,822/- per month in view of minimum wages fixed by the State, at the relevant time.

¶22

As per Exhibit-15 (copy placed on record, during the course of arguments by the learned counsel for the appellant), appellant has suffered permanent physical disability to the extent of 14.04%. The said certificate has been issued by the Medical Board of Doctors and it has been observed that the appellant would have difficulty in squatting, sitting cross-leg, climbing stairs, kneeling, walking on slope and uneven surfaces.

¶23

Thus, the appellant would be entitled to receive Rs. 3,822/x 12 x 18 x 14.04% = Rs.1,15,907/- by way of compensation visà-vis permanent disability suffered by him. Appellant would be entitled to receive an addition of 40% of the said amount towards loss of his future prospects and the said amount comes to Rs. 46,363/-. Appellant had remained admitted in the hospital for 8 days. Hence, Appellant would be entitled to receive Rs. 4,000/towards hospitalisaton charges. Appellant would be further entitled to receive Rs. 24,581/- towards medical bills proved on record. Appellant would be further entitled to receive Rs. 10,000/towards transportation charges and Rs. 10,000/- towards special

¶24

(3 of 3)

¶25

[CMA-1483/2018]

¶26

diet. Appellant would be further entitled to receive Rs. 25,000/towards pain and suffering.

¶27

Thus, the appellant would be entitled to receive, in all, Rs. 1,15,907/- + Rs. 46,363/- + Rs. 4,000/- + Rs. 24,581/- + Rs. 10,000/- + Rs. 10,000/- + Rs. 25,000/- = Rs. 2,35,851/-.

¶28

Accordingly, this appeal is allowed. Impugned award dated 16.11.2017 is modified to the extent that the appellant would be entitled to receive Rs. 2,35,851/- by way of compensation instead of Rs. 1,23,581/- as awarded by the Tribunal. Remaining terms and conditions of the award shall remain unchanged. It is further ordered that the enhanced amount of compensation of the appellant be invested in Fixed Deposit Receipts with some Nationalized Bank, initially for a period of three years and the interest accrued on the deposit shall be paid to the appellant on monthly basis. The Secretary, District Legal Services Authority, Jaipur shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority, Jaipur, 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.

¶29

(SABINA) J.

¶30

Sudha/43

Roshan Lal Kamad v. United India Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Roshan Lal Kamad v. United India Insurance Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramchandra Vs Roshanlal and Ors.

Aarti W/O Late Shri Ravi Kumar Vs Manjeet Singh S/O Shri Mathura Singh

Rakesh Jhajharia S/O Shri Mahendra Singh Vs State of Rajasthan

Laxminarayan Vs Vikram and Ors.

Chiraguddin Alias Chirag Qureshi Vs Dataram and Ors.

Shriram General Insurance Co. Ltd. Vs Smt Anita Devi and Others