Kapil vs Rishi Pal Singh and Another

G.S. Sarraf, J.—The claimant-appellant has filed this appeal u/s 173 of the Motor Vehicles Act against the judgment/award dated 22.9.1995 of the Motor Accident Claims Tribunal, Dausa, Camp Bandikui.

The facts in brief are that the claimant-appellant and one Ram Vakil Singh were travelling by a Jeep bearing registration No. RRA-9650 from Bharatpur to Jaipur on 8.8.1992. A bus UP21-8093 came from behind and hit the Jeep near Langada Balaji about 9 kms. away from the Manpur Police Station as a result of which the claimant-appellant and Ram Vakil Singh sustained injuries. According to the claim petition respondent No. 1 Rishi Pal Singh was driving the bus rashly and negligently. Respondent No. 2 is the owner of the bus. The learned Tribunal held that the accident occurred due to rash and negligent driving of the bus by the respondent No. 1 and awarded a compensation of Rs. 66,000 in favour of the claimant-appellant. Aggrieved by this judgment/award the claimant-appellant has filed this appeal.

The short controversy involved in this case is that whether the compensation awarded by the learned Tribunal is fair and adequate.

I have heard the learned Counsel Mr. Rakesh Bhargava on behalf of the claimant-appellant and Mr. N.S. Choudhary on behalf of the respondent No. 2.

While deciding Issue No. 2 the learned Tribunal has held as under:

Hindi matter omitted

The claimant-appellant was around 14-15 years old at the time of the accident. Considering the pain, agony, frustration and mental stress suffered by the claimant-appellant while recovering and considering his future prospects and the extent of disability I deem it fit and appropriate to increase the award amount from Rs. 66,000 to a lumpsum amount of Rs. 1,10,000. Thus the claimant-appellant is entitled to compensation to the tune of Rs. 1,10,000.

The appeal of the claimant-appellant is, therefore, allowed to the extent stated above and the amount of compensation is increased from Rs. 66,000 to Rs. 1,10,000. The claimant-appellant will be entitled to interest at the rate of 6% per annum from the date of the award of the learned Tribunal to the date of deposit/realisation on the enhanced amount. If the aforesaid amount is not paid or deposited within a period of three months then the respondents will have to pay interest at the rate of 12% per annum. The learned Tribunal shall deposit the enhanced amount in the name of the claimant-appellant by way of F.D. in a nationalised bank for a period of 5 years. The claimant-appellant will get the interest quarterly but no advance of any kind or premature encashment shall be permitted in respect of the said amount. No order as to costs.