Allowed

Smt Sureshi Devi v. Prithviraj and Ors.

Rajasthan HC9 Apr 2019CMA/2370/2018

Case brief

AI extract

What is this about?

This is an S.B. Civil Miscellaneous Appeal challenging an award of the Motor Accident Claims Tribunal. The High Court enhanced compensation from Rs. 1,62,477 to Rs. 3,14,877 due to 25% permanent physical disability and ordered investment in FD.

What did the court decide?

Compensation enhanced to Rs. 3,14,877/-. Amount invested in Fixed Deposit Receipts for three years by District Legal Services Authority.

Smt Sureshi Devi Vs Prithviraj and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2370/2018

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Smt. Sureshi Devi W/o Prithviraj Swami, B/c Swami, R/o Rooppura, Teh. Kotputli, Thana Pragpura, Distt. Jaipur Raj.

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----Appellant

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Versus

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Prithviraj S/o Gyarsi Lal Swami, R/o Dhani Sethawala, Rooppura, Teh. Kotputli, Distt. Jaipur Driver

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Gheesadas S/o Omkar Das Swami, R/o Dhani Kailwala Lalana, Teh. Kotputli, Distt. Jaipur, Owner

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The Oriental Insurance Company Limited, Through Regional Manager, Anand Bhawan, Sansar Chandra Road, Jaipur Insurance Company0

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----Respondents

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For Appellant(s) : Mr. Ram Sharan Sharma For Respondent No.3 : Mr. Rizwan Ahmed

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HON'BLE MRS. JUSTICE SABINA

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Judgment

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09/04/2019

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Appellant has filed this appeal, challenging the award dated 03.02.2018 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

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Learned counsel for the appellant has submitted that as per Exhibit-75, appellant has suffered permanent physical disability to the extent of 25%. Hence, the amount of compensation awarded by the Tribunal is liable to be enhanced.

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

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Appellant had filed the claim petition seeking compensation on account of injuries suffered by her in the motor-vehicle accident which had occurred on 02.04.2010.

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(2 of 3)

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[CMA-2370/2018]

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After going through the material on record, learned Tribunal has taken the age of the appellant, at the time of accident, as 30 years. Hence, the appropriate multiplier to work out the amount of compensation vis-à-vis permanent physical disability suffered by the appellant would be ‘17’.

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In the absence of any documentary evidence on record with regard to the income of the appellant, the same is liable to be taken as Rs. 3,000/- per month in view of the minimum wages fixed by the State, at the relevant time.

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As per Exhibit-75, appellant has suffered permanent physical disability to the extent of 25% on account of head injury by her. The said certificate has been issued by the Medical Board of Doctors and there is no reason to doubt the genuineness of the same. The Medical Board of Doctors have observed that on account of the head injury suffered by the appellant, she would suffer from headache, disorientation, confusion and convulsion and was also suffering from loss of memory.

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Thus, the appellant would be entitled to receive Rs. 3,000/x 12 x 17 x 25% = Rs. 1,53,000/- by way of compensation vis-àvis permanent disability suffered by her. Appellant would be further entitled to receive an addition of 40% of the said amount towards loss of her future prospects and the said amount comes to Rs. 61,200/-. Appellant would be further entitled to receive Rs. 26,177/- towards medical bills proved on record regarding her treatment. Appellant would be further entitled to receive Rs. 10,000/- towards transportation charges and Rs. 10,000/towards special diet etc. Appellant had remained admitted in the hospital for 9 days. Hence, the appellant would be entitled to receive Rs. 4,500/- towards hospitalisaton charges. Keeping in

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(3 of 3)

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[CMA-2370/2018]

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view the nature of disability suffered by the appellant, she would be entitled to receive Rs. 50,000/- towards pain and suffering.

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Thus, the appellant would be entitled to receive, in all, Rs. 1,53,000/- + Rs. 61,200/- + Rs. 26,177/- + Rs. 10,000/- + Rs. 10,000/- + Rs. 4,500/- + Rs. 50,000/- = Rs. 3,14,877/-

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Accordingly, this appeal is allowed. Impugned award dated 03.02.2018 is modified to the extent that the appellant would be entitled to receive Rs. 3,14,877/- by way of compensation instead of Rs. 1,62,477/- 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 her by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some Nationalized Bank for her benefit.

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(SABINA) J.

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Sudha/70

Smt Sureshi Devi v. Prithviraj and Ors.

Case brief

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Smt Sureshi Devi v. Prithviraj and Ors.

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