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Judgment
The matter comes up on an application (ApplC. No.809/2018) seeking early hearing of the case.
For the reasons mentioned in the application, the same is allowed.
With the consent of the parties, the matter is being taken up for final hearing today.
The present appeal has been preferred by the appellant for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Ratangarh, District Churu vide judgment & award dated 03.03.2005 in Motor Accident Claim Application Case No.49/2001.
Briefly facts of the case are that on 20.03.2001 at around 0900 a.m., appellant Debu Singh while playing near the house of Shyodana Ram Pareek got injured due to rash and negligent driving by driver of the Truck Tanker bearing registration No. RJ20/G-2116 and suffered grievous injuries on the left hand due to which his left hand got separated being cut off from the elbow.
In these circumstances, the appellants preferred a claim petition before the Motor Accident Claim Tribunal, Ratangarh being Motor Accident Claim Case No.49/2001 for grant of compensation. The reply was filed on behalf of the respondents denying the contentions raised in the claim petition.
Thereafter, on completion of the pleadings the learned Tribunal framed the issues.
After hearing the counsel for the parties, ultimately the Tribunal found the disability of the appellant to the tune of 70% and after taking into consideration the expenses incurred in treatment etc., awarded a sum of Rs. 2,07,550/- in favour of the appellant and directed the respondents to pay an interest @ 6% per annum on the amount awarded. The awarded amount was ordered to be paid within a period of 02 months failing which the the amount was ordered to carry an interest @ 9% annually.
Heard learned counsel for the parties.
The counsel for the appellant submits that the learned Tribunal has computed the award on far lower side as the appellant suffered 70% disability, therefore, in the light of the judgment of the Hon’ble Supreme Court in the case of S.L.P. (Civil) Case No. 21139/2011 (Kishan Gopal & Anr.
V/s Lala & Ors.), the amount is required to be enhanced as the notional income has been assessed as Rs. 15,000/- per annum whereas it should have been assessed and considered to be Rs. 30,000/- per annum.
On the other hand, the counsel for the respondents submits that although the Tribunal has taken into consideration all the facts while computing the notional income and therefore, the tribunal has rightly awarded a sum of Rs. 2,07,550/- as compensation. He further submits that the case relied upon by the counsel for the appellant is not applicable in the present case as in the present case, only the appellant has suffered injuries whereas, in the case of Kishan Gopal (Supra), the compensation was awarded on account of the death.
Having considered the rival submissions made at Bar, I am of the view that taking into consideration the disability suffered by the appellant, the amount which has been awarded by the Tribunal needs to be enhanced as due to his left hand being amputed from elbow and the pain and suffering suffered due to the accident. The appellant is entitled to an enhancement of Rs. 2,00,000/- in addition to the amount already awarded by the Tribunal. Due to the accident, future prospects of the appellant have also deminished to a great extent. Therefore, I consider that an enhancement of Rs. 2,00,000/- in the already awarded amount would be a just compensation in the matter.
In view of whatever stated above, the present appeal is disposed of and the judgment & award dated 03.03.2005 passed by the learned Motor Accident Claim Tribunal, Ratangarh, District Churu is modified to the extent that in addition to the amount already awarded by the Tribunal, the appellant would be entitled to an enhanced amount of Rs. 2,00,000/- with an interest @ 7.5% from the date of the filing of the application.