Allowed

Chiraguddin Alias Chirag Qureshi v. Dataram and Ors.

Rajasthan HC8 Apr 2019CMA/61/2018

Case brief

AI extract

What is this about?

In this civil miscellaneous appeal, the High Court set aside a Motor Accident Claims Tribunal award and enhanced the compensation from Rs. 8,62,600 to Rs. 10,57,433 based on the appellant's 70% disability. The Court also issued specific directions to invest the enhanced amount in fixed deposits.

What did the court decide?

Compensation enhanced to Rs. 10,57,433; impugned award modified; enhanced amount directed to be invested in Fixed Deposit Receipts by District Legal Services Authority.

Chiraguddin Alias Chirag Qureshi Vs Dataram and Ors. — Motor Accident Claims | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 61/2018

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Chiraguddin @ Chirag Qureshi S/o Ismail, B/c Musalman, R/o Subhash Market, Khetri Nagar, Tehsil Khetri, Distt. Jhunjhunu.

¶4

----Appellant

¶5

Versus

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Dataram S/o Rameshwar, B/c Gurjar, R/o Manota Kalan, Tehsil Khetri, Distt. Jhunjhunu Driver

¶7

Sheeshram S/o Prabhudayal, B/c Gurjar, Manota Kalan, Tehsil Khetri, Distt. Jhunjhunu Registered Owner

¶8

The New India Insurance Company Limited, Branch Office Station Road, Jhunjhunu Insurance Company

¶9

----Respondents

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

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HON'BLE MRS. JUSTICE SABINA

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Judgment

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08/04/2019

¶14

Appellant has filed this appeal, challenging the award dated 25.09.2017 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-16, appellant has suffered permanent physical disability to the extent of 70%. Hence, the amount of compensation awarded by the Tribunal required to be enhanced.

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

¶17

(2 of 3)

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[CMA-61/2018]

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Appellant had filed the claim petition seeking compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 23.12.2012.

¶20

Appellant was aged about 45 years, at the time of accident. Hence, the appropriate multiplier to work out the amount of compensation would be ‘14’. In the absence of any documentary evidence with regard to the income of the appellant, 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.

¶21

As per Exhibit-16, appellant has suffered permanent physical disability to the extent of 70%. The said certificate has been issued by the Medical Board of Doctors and there is no reason to doubt the genuineness of the same.

¶22

Thus, the appellant would be entitled to receive Rs. 3,822/x 12 x 14 x 70% = Rs.4,49,467/- by way of compensation vis-àvis permanent disability suffered by him. 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. 1,12,366/-. Appellant would be further entitled to receive Rs. 1,71,600/- towards medical bills proved on record. Appellant had remained admitted in the hospital for 8 days. Hence, Appellant would be entitled to receive Rs. 4,000/- towards hospitalisaton expenses. Appellant would be further entitled to receive Rs. 10,000/- towards transportation expenses and Rs. 10,000/towards special diet etc. Appellant would be further entitled to receive Rs. 3,00,000/- towards pain and suffering, loss of amenities of life, use of artificial limb.

¶23

Thus, the appellant would be entitled to receive, in all, Rs. 4,49,467/- + Rs. 1,12,366/- + Rs. 1,71,600/- + Rs. 4,000/- + Rs.

¶24

(3 of 3)

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[CMA-61/2018]

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10,000/- + Rs. 10,000/- + Rs. 3,00,000/- = Rs. 10,57,433/-

¶27

Accordingly, this appeal is allowed. Impugned award dated 25.09.2017 is modified to the extent that the appellant would be entitled to receive Rs. 10,57,433/- by way of compensation instead of Rs. 8,62,600/- 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, Jhunjhunu shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority, Jhunjhunu, 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.

¶28

(SABINA) J.

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Sudha/40

Chiraguddin Alias Chirag Qureshi v. Dataram and Ors.

Case brief

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Chiraguddin Alias Chirag Qureshi v. Dataram and Ors.

Case brief

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