Allowed

Devi Sahai S/O Shri Prabhat Yadav v. Akbardeen S/O Shri Kamal Khan

Rajasthan HC28 Jan 2019CMA/4423/2018

Case brief

AI extract

What is this about?

The High Court held that the Motor Accident Claims Tribunal grossly erred in assessing the appellant's permanent disability at 18% instead of 21.94% and in awarding inadequate compensation. The appeal was allowed with an order to enhance the compensation amount and remand the matter to the tribunal.

What did the court decide?

Enhanced the compensation amount. Remanded the matter to the Motor Accident Claims Tribunal for passing a fresh award based on the correct quantum.

Devi Sahai S/O Shri Prabhat Yadav Vs Akbardeen S/O… — 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. 442312018

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Devi Sahai S/o Shri Prabhat Yadav, Aged About 36 Years, B/c Yadav R/o Sundar Ka Bas P.s. Chandwaji District Jaipur (Raj)

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Versus

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I. Akbardeen S/o Shri Kamal Khan, B/c Mev Musalman R/o (Raj) (Driver Vehicle

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Raigar R/o (Raj) 3. Near Jyoti Nagar Turn Bhawan i Singh - Road Jaipur R Through Region B mi if,!

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----Respondents

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For Appellant(s) For Respondent(s)

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'Tj-
. '

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HON'BLE MR.

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pensation is directed d& gl *?. . %. against the judgment w~~~4i~qidg~~~5.2018 .zs, ~c <\T passed by the ? " . . * Motor Accident Claims Tribunal, Jaipur and Additional District and Sessions Judge No.4, Jaipur District, Jaipur (for short 'the tribunal'), whereby, the tribunal awarded a sum of Rs.l,53,509/as comperlsation along with interest @ 9% per annum from the date of filing of the claim petition.

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Learned counsel for the appellant has submitted that the tribunal committed an error in awarding lesser compensation.

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[CMA-4423/2018]

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(2 of 3)

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As per disability certificate Ex.12 appellant has suffered permanent disability to the extent of 21.94O/0 in relation to the whole body. The tribunal has grossly erred in considering the same to the extent of 18% only. The compensation granted to the appellant under the head of pain and suffering etc. is also inadequate.

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On the other hand, learned counsel for the respondents has opposed the judgment

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awarded

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.. . - ?#& I " learned counsel for the .~~a~rti:@ .,g the material available

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on reco rd.

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The e appellant seeking compensation on accouB: ed by him in the motor

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vehicle acciden

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As per the pe&

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As per the pe& ertificate (Ex. 12), the ility in relation to his same was issued by Board of Doctors and to disbelieve the said certificate. It was the case of the claimant that the injured was earning Rs.6,000/per month, but to prove the income of the injured as Rs.6.000/-, no cogent and reliable evidence was produced by the claimant. Therefore, the income of the deceased was rightly taken by the tribunal as Rs.3,000 per month, i.e. Rs.36,000/-(3,000~12) per annum. As the age of the appellant was 28 years at the time of the accident, Thus, to work out the compensation vis-a-vis permanent disability suffered by him,

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(3 of 3)

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[CMA-4423120 181

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multiplier of 17 would be applied. In this way, the appellant is R entitled to receive Rs. 1,34,273/(36000x17~2 1.94/100). By way of compensation vis-a-vis permanent disability suffered by him. Appellant would be further entitled to receive Rs.16,000 towards hospitalisation charges. The tribunal erred in awarding Rs.15,000/- by way of compensation to the appellant towards pain and suffering etc. Therefore, the said amount is liable to be be further entitled to receive on record. Thus,

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Accordinolv, tbjs -3

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compensation amou '+' the claimants is Rs. 1,92,622/instead as awarded by the Tribunal. Remaining term of the award shall be the same. The Insurance osit the enhanced amount Wbh the Tribunal within a fg;ga~~ period of two months fr0.m. -7~2;~~ to;"d:ay 1. gq I red that the enhanced ; . ;n:$i,, ...> >yd . . amount of the compens%ion k?!llbe invhsted in fixed deposit with a nationalised bank for a period of 2 years and the interest accrued thereon shall be paid to the claimants on monthly basis.

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Record of the court below be sent back fourthwith.

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(PRAKASH GUPTA),J

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Mohit64

Devi Sahai S/O Shri Prabhat Yadav v. Akbardeen S/O Shri Kamal Khan

Case brief

What is this about?

What did the court decide?

Devi Sahai S/O Shri Prabhat Yadav v. Akbardeen S/O Shri Kamal Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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