The High Court allowed the appeal enhancing motor accident compensation from approximately Rs. 14 lakh to Rs. 22.10 lakh for a victim with 90% disability due to bilateral leg amputation, directing investment in fixed deposits.
Compensation enhanced to Rs. 22,10,053/-; enhanced amount to be invested in Fixed Deposit Receipts by the District Legal Services Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2896/2018
Hariram S/o Bhartaram B/c Gurjar, R/o Santokpura, Tehsil Virat Nagar, Thana Manoharpura, District Jaipur Raj
----Appellant
----Respondents
For Appellant(s) : Mr. Ram Sharan Sharma Adv. For Respondent No.3 : Mr. Narendra Kumar Jain Adv.
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
11/04/2019
Appellant has filed this appeal challenging the award dated 20.03.2018 passed by the Motor Accident Claims Tribunal seeking, enhancement of compensation amount.
Learned counsel for the appellant has submitted that the appellant has suffered amputation of both legs below knee.
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[CMA-2896/2018]
Appellant has suffered permanent physical disability to the extent of 90%. However, the amount of compensation granted by the Tribunal was on a lower side and required enhancement.
Learned counsel for respondent No.3 has opposed the appeal and has submitted that the amount of compensation granted by the Tribunal was adequate and did not require any enhancement.
Appellant had filed 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 04.08.2014.
After considering the material available on record, learned Tribunal has held that the appellant was aged about 45 years and 7 months at the time of accident.
Admittedly, there is no documentary evidence on record with regard to the income of the appellant. Hence, the learned Tribunal has rightly taken the income of the appellant as Rs.4,914/- per month in view of the minimum wages fixed by the State at the relevant time.
Learned counsel for the appellant has not challenged the application of multiplier of ‘13’ applied by the Tribunal while calculating the amount of compensation.
As per Exhibit-16 (copy placed on record by the learned counsel for the appellant during the course of arguments), appellant has suffered permanent physical disability to the extent of 90%. The said disability certificate has been issued by the Medical Board of Doctors, hence, there is no reason to doubt the genuineness of the same. As per the said certificate, Appellant has suffered amputation of both legs below knee.
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Thus, the appellant would be entitled to receive compensation vis-à-vis 90% permanent disability suffered by him to the tune of Rs.4,914 X 12 X 13 X 90% = Rs.6,89,925/-. Appellant would be further entitled to receive an addition of 25% of the said amount towards loss of his future prospects and the said amount comes to Rs. 1,72,481/-.
Learned counsel for the appellant has submitted that the appellant had remained admitted in the hospital for 72 days. Hence, the appellant would be entitled to receive Rs. 36,000/towards hospitalization expenses.
Keeping in view the fact that the appellant has suffered amputation of both legs below knee, appellant is held entitled to receive Rs.25,000/- towards transportation charges and Rs.20,000/- towards special diet etc.
Admittedly, medical bills proved on record by the appellant with regard to treatment undergone by him are to the tune of Rs.66,647/-.
Since, the appellant has suffered amputation of both legs below knee, he would require assistance of artificial limb. As the appellant has suffered permanent physical disability to the extent of 90%, he would require the assistance of an attendant. Keeping in view the said facts, appellant would be entitled to receive Rs.12,00,000/- towards pain and suffering, loss of amenities of life, attendant and artificial limb.
Thus, appellant is entitled to receive in all Rs.6,89,925/- + Rs.1,72,481/- + Rs.36,000/- + Rs.25,000/- + Rs.20,000/- + Rs. 66,647/- + Rs.12,00,000/- = Rs.22,10,053/- by way of compensation.
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Accordingly, this appeal is allowed. Impugned award dated 20.03.2018 is modified to the extent that the appellant would be entitled to receive Rs.22,10,053/- by way of compensation instead of Rs.14,88,077/- 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, Dausa, District Dausa shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority, Dausa, District Dausa 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.
Sanjay Kumawat-66
1 issue framed by the court
Whether the compensation awarded by the Tribunal for permanent disability requiring enhancement of the amount.
1 provisions across 1 enactments
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As recorded by the court registry
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