Fateh Singh S/o Pahar Singh Rathore vs Rakesh S/o Goverdhan Rawal

Instant appeal has been filed by the appellant under Section

173 of the Motor Vehicles Act, 1988 against the judgment and

award dated 31.08.2016 passed by learned Judge, MACT,

Dungarpur in Claim Case No. 519/2014 whereby, the learned

Judge has awarded compensation in the sum of Rs. 1,83,421/- to

the claimant appellant.

Succinctly stated, facts of the case are that a claim petition

was filed by the claimant before the Motor Accident Claims

Tribunal, Dungarpur, stating therein that on 21.11.2013, when the

claimant was going to Sabla on his motor cycle, a Car with

registration No. RJ 19CB 0959 being rash and negligently driven

by respondent no.1 hit the motorcycle due to which the claimant

received simple and grievous injuries. As per claim petition, the

claimant was 35 years of age and was earning Rs. 15,000/- per

month and due to the said accident, he suffered 18% permanent

disability, therefore, it was prayed in the claim petition that a sum

of Rs. 27,62,000/- may be awarded as compensation in favour of

the claimant.

The non-claimants no.1 & 2 i.e. owner and driver of the

vehicle in their reply stated that the accident was caused due to

negligence of the claimant and not that of driver of the car. The

respondent insurance company also filed its reply and stated that

the claimant was not having valid driving license and he was

driving the vehicle in negligent manner and since the claimant had

violated the terms and conditions of the policy, therefore, the

insurance company is not liable to make payment of

compensation.

Learned Judge, MACT Cases after taking into consideration

the entire facts of the case while computing the compensation

awarded a sum of Rs. 1,59,214/- as loss of income and against

the medical expenses, the Tribunal on the basis of Bills Exhibit 14

to 16 and Ex.18 to 21 awarded a sumo f Rs. 14,207/- and for the

mental and physical agony suffered by the claimant, the Tribunal

awarded a sum of Rs. 10,000/-. Thus, a total compensation in the

sum of Rs. 1,83,421/- was awarded to the claimant and the

respondents were held to be jointly and severally liable.

Learned counsel for the appellant submits that the Tribunal

has erred in taking the monthly income of the claimant to be only

Rs. 4914/- whereas, he was earning Rs. 15,000/- per month. It is

further argued that the learned Tribunal has failed to take into

consideration the evidence and material with regard to medical

treatment of the injured as the injured remained under intensive

medical treatment for several months months and therefore, he

should have been awarded higher amount under the head of

medical expenses.

Heard learned counsel for the parties. I have gone through

the record and perused the impugned judgment/award passed by

the learned Judge, MACT cases, Dungarpur.

It is evident from record that that the car being driven by

driver respondent no.1 in rash and negligent matter hit the

motorcycle of claimant due to which the claimant suffered

grievous injuries and therefore, learned Tribunal rightly held the

respondents to be jointly and severally liable for payment of

compensation. As far as the quantum of compensation is

concerned, while taking the monthly income of the deceased to be

Rs. 4914/- and applying the multiplier of 12, a sum of Rs.

1,59,214/- has been awarded to the claimant which does not call

for any interference as the claimant has not produced an evidence

with regard to his income and it is not established that the

claimant was having a settled job and earning regular income. The

Tribunal has awarded a sum of Rs. 10,000/- as consortium for

mental and physical agony undergone by the claimant which also

does not call for any interference. As far as the compensation

under the head of medical expenses is concerned, from the

perusal of record, it is revealed that the claimant in his claim

petition so also in his statement had specifically averred that after

initial treatment at Community Health Centre, Sabla, he was taken

to Pandit Deendayal Government Hospital, Sagwada and

thereafter, he was referred to higher centre ''Sainath Orthopaedic

Hospital'' Ahmedabad. The said assertion is fortified from the

Discharge ticket produced in evidence as Ex.P/12 and as per

Medical Bill Ex.13, the claimant incurred a sum of Rs. 41,000/-

towards medical expenses for treatment at ''Sainath Orthopaedic

Hospital'' Ahmedabad. The learned Tribunal while passing the

impugned award has neither discussed nor given any ground for

discarding the said medical bill. Therefore, the Tribunal has erred

in not granting the amount of medical expenses in the sum of Rs.

41,000/- towards the treatment undergone at ''Sainath

Orthopaedic Hospital'' Ahmedabad. Thus, it is held that the

claimant is entitled to get Rs.41,000/- in addition to the amount of

compensation already awarded by the Tribunal.

Accordingly, the appeal is partly allowed and while modifying

the judgment and award dated 31.08.2016, claimant is held to be

entitled to get Rs.41,000/- in addition to sum of Rs. 1,83,421/-

already awarded by the learned Tribunal. The enhanced amount

of compensation shall carry interest at the rate of 9% per annum

from the date of filing of claim petition till its actual realisation.