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Judgment
Manoj Kumar Garg, J
Learned counsel for the appellant submits that service upon respondent No.1 may be dispensed with at his risk and cost.
Ordered accordingly.
With the consent of learned counsel for the parties, the instant appeal is being heard and disposed of finally at this stage itself.
The instant appeal has been preferred by the appellant-claimant against the judgment and award dated 17.11.2017 passed by Judge, Motor Accident Claims Tribunal No.1, Udaipur in Motor Accident Claim Case No.948/2016, whereby the Tribunal partly allowed the claim petition filed by the appellant-claimant and awarded a sum of Rs.11,61,500/- as compensation with an interest @ 8.5% p.a. on account of injuries sustained by Dinesh in the accident which occurred on 22.03.2016.
Learned counsel for the appellant-claimant submits that the Tribunal fell in error while deciding the issue No.2 and reducing the permanent disability sustained by the appellant to the extent of 20% from 30%. Learned counsel submits that on account of fracture of femur bone and other bones, the Medical Board assessed permanent disability of the appellant to the extent of 30%, however, learned Tribunal while computing the award in the present case reduced the same to the extent of 20%. It is also contended that the Tribunal has also committed an error in not awarding a suitable amount of compensation to the appellant towards loss of future prospects in view of the judgment passed by the Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar andors. AIR 2020 SC 4424 and Sanjay Verma vs. HaryanaRoadways 2014 ACJ 692. He, therefore, prays that the judgment and award passed by the Tribunal may kindly be suitably modified by enhancing the amount of compensation.
Per contra, learned counsel for the respondent Insurance Company submits that the Tribunal has rightly assessed the permanent disability of the appellant on the basis of the evidence produced before it, therefore, the amount awarded in the present case is a just compensation. He, therefore, prays that no interference is warranted in the judgment and award passed by the Tribunal.
I have considered the submissions made at the bar, gone through the judgment dated 17.11.2017 passed by the Tribunal as also perused relevant record of the case.
Admittedly, in the present case, the appellant had sustained the injuries on account of the accident which occurred 22.03.2016 in which he suffered fracture of femur bone and other bones and the medical board assessed permanent disability of the appellant to the extent of 30%. Perusal of the certificate (Exp.21) issued by the Medical Board shows that the appellant had suffered fracture on account of which he sustained permanent disability to the extent of 30% and therefore, the permanent disability of the appellant should have been taken into consideration to the extent of 30% while computing the award instead of 20%. Therefore, the Tribunal has erred in computing the award while considering the permanent disability of the appellant to the extent of only 20%.
The Tribunal has also committed error in not awarding a reasonable amount of compensation towards the loss of future prospects on account of the permanent disability sustained by the appellant, therefore, the award is also liable to be recomputed in the light of judgment of Hon'ble Supreme Court in the case of Pappu Deo Yadav (supra). The calculation of award in the present case will be as under:-
Annual Income considered by the Tribunal - Rs.1,32,000/-
1,32,000 x 30/100 x 15= Rs.5,94,000/-
+ 40% future prospect= Rs.2,37,600/-
Loss of income = Rs.8,31,600/-
Pain & Suffering = Rs.40,000/-
Loss of income during treatment = Rs.33,000/-
Medical Bill= Rs.6,52,067/-
Other expenses= Rs.40,000/-
Total: = Rs.15,96,667/-
Subtract awarded amount = Rs.11,61,500/-
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Rs.4,35,167/-
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In view of the discussion made above, the appeal is partly allowed. The respondent insurance company is directed to pay the enhanced amount of Rs.4,35,167/- to the appellant-claimant. The enhanced amount shall carry an interest @ 6% p.a. from the date of filing of the application till the same is paid.